Read Gerber and Gerber, P.C. v. Regions Bank,

596 S.E.2d 174 (Ga.App. 2004) - See below and answer these questions in your first post.

1. What principles apply to attribute liability between these parties?

2. How should the court rule on the bank's motion? Explain by taking the facts of the case and applying them to the law.

  

Transcribed Image Text:

Yeter&Gerber, C Regions Bank, 96 SE 24174- Ga: Court of Ap https://scholar google.com/scholar casetcase 989226553160248 596 SE.2d 174 (2004) 266 Ga. App. GERBER & GERBER, P.C. V. REGIONS BANK. Regions Bank V. Gerber & Gerber, P.C. Nos. A03A1952. A0A1953 Court of Appeals of Georgia February 13, 2004 Reconsideraton Denied March 3, 2004 175 175 Shivers A Asociates, Terry L. Strawer, Alphareta, for appelant Parker, Hudson, Rainer & Dobbn, Wilam J. Holy i, James S. Rankin, , Ryan K McLemore, Alanta. for appelee MILLER, Judgn. Over a period of two years, an employee of the Gerber & Gerber, PC. lw fim (GAG) tole hom GAG some cashier's checks (endorsed in blenk) and some checks payable to GAO (on which she forged GAG's endorsement) and deposited the checks into her personal account at Regions Bank, where G&G aso maintained accounts Alleging that Regions Bank had acted negigerty in accepting the checks for depost, G40 sued the bank to recover the money kost. The court entered summary julgment in favor of Regiona Bark on the castier's checks but held material s of tact preduded summary judgment on the forged checks Both partes appeal the portions of the judgment adverse o ther interests. Daceming no eror, we afim 176 178 Summary dgment is proper when there is no genuine sun of matena fact and he movant is ened to judgment asa mater of le. OCGA S9-11-50e" Matio tegon.Gen. ns. Co22 Ge App 45 SE 084 ) We review the grant of summary judgnent de novo, construng the evidence in tavor of the nonovant Construed in lavor of GAG. the evidence showed that Cyrthia Sard worked for a law firm asarealestate closing crtary She stole money from that m through forging the fews endorsement on dhecks made payale tohe fem ecelved wt the real estate cosinge) and depositing them into her peronal account. When the forgery was dicovred she confessed and worked out an arangement to continue at the fem ata reduced salay to repay the slolen money She then stole a second time and the fem dlosed. The aggregate amount soieh was about $130.000 Prior to the fm coung s principal had merger discussions with GAG, during which the pnnopar dscosed some of Statords thet and forgery to Sardord Gerter of GAG Nevertheless, when the merger taka failed, the prinp recomtended ta GAG e ford becae of her competency a a tte dong secretry and becase he had etabiltated. M. Gerter iterviewed od nd t alo that she had reformed He hired her but wamed he a te krw of her pror that and thath stoe tom GAG, he woud make eshe wrto j Stafort worked as eal estate dosing servtary at GAG for uver two y During th tima, he stle 29 chier checka recelved by G0 duing real estate cosings. which che the payes had endorsed in blark dung the closinge. She then endorsed thene checs hesf nd deposied hem into her peronal ccout at Regiona an She w stule ten decks made paye to GAG, which he endoned in bank on behaf of GG orgng Santed Gerter grature) Se then ended the farged hecan her n name and depout them o her penonat acunt t Regons f. Thghout t GAG had ow and oher accunt at Regon Bend dpotod thouande t check antingt150 mn to 200 theck withaute amp a dpoot iethe GAG sthose accourtevery year G40 wod endoe h depoed MacBook Air Yeter&Gerber, C Regions Bank, 96 SE 24174- Ga: Court of Ap https://scholar google.com/scholar casetcase 989226553160248 596 SE.2d 174 (2004) 266 Ga. App. GERBER & GERBER, P.C. V. REGIONS BANK. Regions Bank V. Gerber & Gerber, P.C. Nos. A03A1952. A0A1953 Court of Appeals of Georgia February 13, 2004 Reconsideraton Denied March 3, 2004 175 175 Shivers A Asociates, Terry L. Strawer, Alphareta, for appelant Parker, Hudson, Rainer & Dobbn, Wilam J. Holy i, James S. Rankin, , Ryan K McLemore, Alanta. for appelee MILLER, Judgn. Over a period of two years, an employee of the Gerber & Gerber, PC. lw fim (GAG) tole hom GAG some cashier's checks (endorsed in blenk) and some checks payable to GAO (on which she forged GAG's endorsement) and deposited the checks into her personal account at Regions Bank, where G&G aso maintained accounts Alleging that Regions Bank had acted negigerty in accepting the checks for depost, G40 sued the bank to recover the money kost. The court entered summary julgment in favor of Regiona Bark on the castier's checks but held material s of tact preduded summary judgment on the forged checks Both partes appeal the portions of the judgment adverse o ther interests. Daceming no eror, we afim 176 178 Summary dgment is proper when there is no genuine sun of matena fact and he movant is ened to judgment asa mater of le. OCGA S9-11-50e" Matio tegon.Gen. ns. Co22 Ge App 45 SE 084 ) We review the grant of summary judgnent de novo, construng the evidence in tavor of the nonovant Construed in lavor of GAG. the evidence showed that Cyrthia Sard worked for a law firm asarealestate closing crtary She stole money from that m through forging the fews endorsement on dhecks made payale tohe fem ecelved wt the real estate cosinge) and depositing them into her peronal account. When the forgery was dicovred she confessed and worked out an arangement to continue at the fem ata reduced salay to repay the slolen money She then stole a second time and the fem dlosed. The aggregate amount soieh was about $130.000 Prior to the fm coung s principal had merger discussions with GAG, during which the pnnopar dscosed some of Statords thet and forgery to Sardord Gerter of GAG Nevertheless, when the merger taka failed, the prinp recomtended ta GAG e ford becae of her competency a a tte dong secretry and becase he had etabiltated. M. Gerter iterviewed od nd t alo that she had reformed He hired her but wamed he a te krw of her pror that and thath stoe tom GAG, he woud make eshe wrto j Stafort worked as eal estate dosing servtary at GAG for uver two y During th tima, he stle 29 chier checka recelved by G0 duing real estate cosings. which che the payes had endorsed in blark dung the closinge. She then endorsed thene checs hesf nd deposied hem into her peronal ccout at Regiona an She w stule ten decks made paye to GAG, which he endoned in bank on behaf of GG orgng Santed Gerter grature) Se then ended the farged hecan her n name and depout them o her penonat acunt t Regons f. Thghout t GAG had ow and oher accunt at Regon Bend dpotod thouande t check antingt150 mn to 200 theck withaute amp a dpoot iethe GAG sthose accourtevery year G40 wod endoe h depoed MacBook Air

Answer rating: 100% (QA)

1 There are a few different principles that could apply in this situation but it ... View the full answer