Al Week 1 Case Study

Al Week 1 Case Study - PARTIES: Plaintiff: Maria Millan...

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PARTIES: Plaintiff: Maria Millan Defendant: Dean Witter Reynolds, Inc. History of the Case: Millan sued for unauthorized transactions, negligence, and gross negligence. The trial court directed a verdict of vicarious liability for Dean Witter. On Dean Witter’s direct liability to Milan, the jury found Dean Witter negligent and responsible for 15% of Milan’s damages. Milan was found responsible for the remaining 85%. Milan appealed the decision to the Texas Court of Appeals and the court upheld the trial court’s decision on direct liability and then began to consider the vicarious liability issue. Facts: Maria Millan opened two accounts at Dean Witter Reynolds. Her son, Miguel, a Dean Witter employee, was the broker for the accounts. Miguel proceeded to steal large amounts money from his mother’s account by forging her name on checks from stolen checkbooks and even creating a P.O. Box so that the statements from the account would not be seen by Maria. Plaintiff’s Theory: Milan sought to sue Dean Witter on the grounds of unauthorized transactions,
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This note was uploaded on 10/11/2011 for the course MG 261 taught by Professor Lynch during the Fall '11 term at Park.

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Al Week 1 Case Study - PARTIES: Plaintiff: Maria Millan...

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