Using the keyword search standing for a non-bank-customer in negligence
Victim A caregiver to B. A takes B to a bank to set up a checking account. B contracts
with bank for a checking account with A's son as the co-owner with right of survivorship.
B, years later passes away.
Brother ("C") of A sues A for undue influence. "C"s' attorney subpoenas
all bank records.
Discovery deposition reveals that bank has lost signature card for B's checking account.
18 Months later at an evidencury hearing for contempt representative from Bank testifies that they still cannot produce subpoenaed signature card.
Judge in his finding, finds "A" guilty of indirect contempt, siting that the court was confused by the missing signature card.
An appeals ruling, 4th DCA returns case to lower court "without prejudice" for procedural reasons. New Judge sentences "A" to 5mo and 29 days.
"A" appeals sentence and prevails.
16 Months later "A's" brother "C" sues Bank for negligence and Bank in their Motion to Dismiss
submits the missing signature card for their affirmative defense
"A" asks the question; why can they produce the card for their defense but not for "A's" defense
Court rules "C" does not have standing, "C" appeals and loses appeal.
"A" sues bank for negligence. "A" had to spend $75k to defend and appeals all due to a missing signature card.
In the first hearing Bank wins a decision saying "A" did not have standing because the contract was with "B" not "A".
"A" requests from the court permission to amend the complaint.
In a theory of "tortious interference" Bank owes duty of general care to the public, when the public is in proximity of Banks general practices while doing business.
"QUESTION": can you search for case law supporting "Bank owes duty to plaintiff (non-bank customer) when under subpoena"?