ELLER - > 975 S.W.2d 803 Court of Appeals of Texas,...

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> 975 S.W.2d 803 Court of Appeals of Texas, Amarillo. Linda S. ELLER, Appellant, v. NATIONSBANK OF TEXAS, N.A., Appellee. No. 07-96-0366-CV. Sept. 1, 1998. Bank customer sued bank for breach of contract, negligence, breach of its duty of good faith and fair dealing, implied warranty of habitability, and deceptive trade practice after discovering money was missing from safe-deposit box she had leased from bank. The County Civil Court at Law, Harris County, Tom Sullivan, J., granted summary judgment for bank. Customer appealed. The Court of Appeals, Quinn, J., held that: (1) language of release signed by customer was sufficient, as matter of law, to evince specific intent to release bank from its own negligence; (2) genuine issue of fact as to whether bank misrepresented that safe-deposit box was safe and secure precluded summary judgment for bank on deceptive trade practices claim; and (3) bank owned no duty of good faith to customer. Affirmed in part, reversed in part, and remanded. Dodson, J., filed concurring opinion. Before DODSON, QUINN and REAVIS, JJ. QUINN, Justice. Linda S. Eller (Eller) leased a safe-deposit box from NationsBank of Texas, N.A. (Nations). After discovering that approximately $18,000 and four silver dollars were allegedly missing from it, she sued the bank for breach of contract, negligence, breach of its duty of good faith and fair dealing, implied warranty of habitability, and deceptive trade practice. Nations eventually moved for summary judgment, which the court awarded to it. From that judgment, Eller appealed, contending in her sole point that the court erred in granting the motion. We reverse in part and affirm in part. Background To obtain the safe-deposit box, Eller executed a lease agreement with Nations on December 26, 1990. Among other things, the document described the relationship of the parties and contained the following provision: 2. The lessor has no possession or custody of, nor control over, the contents of the Box, and Lessee assumes all risks in connection with the depositing of such contents therein. The annual rental is solely for rental of the Box, and there shall be no liability on the part of the Lessor for loss of, or injury to, the contents of the Box from any cause whatsoever, including, but not limited to, fire, flood or other force majeure, deterioration of the contents of the Box, including loss of data on magnetic tape, disc or other media, and criminal acts or negligence of any person, corporation or other entity. An unauthorized opening shall not be presumed or inferred from proof of partial or total loss of contents. It is expressly understood and agreed that Lessor is not an insurer of the contents of Boxes. Insurance of contents is the sole responsibility of Lessee. (emphasis in original).
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ELLER - > 975 S.W.2d 803 Court of Appeals of Texas,...

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