Torts: JOHNS V. FIRSTAR BANK (COA; 3/24/2006)

JOHNS V. FIRSTAR BANK
TORTS – Invasion of privacy and breach of confidentiality
2004-CA-001558
PUBLISHED   
AFFIRMING IN PART, REVERSING IN PART, AND REMANDING (DYCHE)
DATE:  3/24/2006

CA affirms in part, reverses in part and remands this invasion of privacy/breach of contract case.

Johns sought financing through Firstar to establish a juvenile detention facility. He requested complete confidentiality because his father, superintendent of the school board, had recently come under public scrutiny. Someone at the bank leaked his involvement, torpedoing the deal. He sued for invasion of privacy, breach of implied contract, breach of fiduciary duty and negligence. A jury awarded him $250,000 for lost profits. CA affirms in part, reverses in part, and remands, holding that jury award did not distinguish whether award was for invasion of privacy, which did not apply, or breach of confidentiality.

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