By: Derek Hawkins//January 8, 2020//
WI Court of Appeals – District II
Case Name: William Sesing Construction, Inc., v. American Bank
Case No.: 2018AP1126
Officials: Neubauer, C.J., Reilly, P.J., and Gundrum, J.
Focus: Negligence Claim – Uniform Fiduciaries Act
William Sesing Construction, Inc., (Sesing) appeals from a judgment dismissing its breach of contract and negligence claims brought against American Bank after Sesing’s bookkeeper embezzled funds from Sesing’s business checking account held by American Bank. Sesing argues that the circuit court erred in granting summary judgment insofar as it applied the Uniform Fiduciaries Act (UFA), WIS. STAT. § 112.01 (2017-18), to Sesing’s negligence claim, and by concluding that even without applying the UFA’s stricter standard, Sesing failed to set forth any materially disputed fact that would entitle it to relief. We affirm.