2010AP1461 Grad, et al. v. Associated Bank NA

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Torts
Duty of care; banks

Herman Grad, Marya Grad, Keith Gillam, Murielle Vendette-Gillam, Ivan Velev, and Maia Veleva (collectively, Grad) appeal a judgment dismissing their claims against Associated Bank, N.A. Grad’s complaint alleged Associated was negligent in failing to discover that one of its customers was using Associated’s services to defraud him. Grad also alleged Associated aided and abetted the customer’s tortious conduct. The circuit court granted Associated’s motion to dismiss. We conclude dismissal of Grad’s negligence claim was proper because a bank’s duty of care to a noncustomer does not require the bank to affirmatively investigate a customer’s activities for possible fraud. Furthermore, the circuit court properly dismissed Grad’s aiding and abetting claim because he did not allege that Associated intended to assist the customer’s tortious conduct—a necessary element of aiding and abetting liability. We therefore affirm. Not recommended for publication in the official reports.

2010AP1461 Grad, et al. v. Associated Bank NA

Dist III, Brown County, Zuidmulder, J., Peterson, J.

Attorneys: For Appellant: Hanan, Beth E., Milwaukee; Martin, Craig C., Chicago; Hellman, Matthew S., Washington D.C.; For Respondent: Burnett, R. George, Green Bay; Hansen, Scott W., Milwaukee; Stippich, Ryan Stacy, Milwaukee; Lakatos, Alex C., Washington D.C.; Nemetz, Miriam R., Washington D.C.; Hughes, Paul W., Washington, D.C.

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