Retha J. Brannon, as of the Estate of Lemuel Morrison v. Banktrust, Inc. Banktrust, Inc. v. Retha J. Brannon, as Of…

Summary

The court reversed both the partial summary judgment for the Morrison estate on its breach-of-contract claim and the judgment as a matter of law for BankTrust on the estate's negligence and wantonness claims. The contract claim required further proceedings because evidence created factual questions about timely notice, authorization or ratification, and discovery improperly withheld as privileged. The tort judgment was also improper because Article 4A displaces common-law claims only insofar as the transactions are qualifying credit transfers, and that issue could not be resolved as a matter of law on the existing record.