DeLuca v. BancOhio National Bank, Inc.

Carolyn DeLuca (plaintiff) worked for decedent Joseph G. Rotondo, a 78-year-old practicing attorney. On January 27, 1989, Rotondo fell ill and called Carolyn to take him to the hospital. Before going to the hospital, however, Rotondo and Carolyn stopped at his office, where Rotondo signed some blank payroll checks drawn on BancOhio National Bank, Inc. (defendant) that were on his desk. Rotondo also told Carolyn that he had one check for her in his desk. Once at the hospital, Carolyn remained at Rotondo’s side. Rotondo told Carolyn that if something happened to him, she was to take the blank check in his desk and fill it in for the amount needed to cover her debts: $75,000. Once Rotondo died, Carolyn returned to his office, completed payroll, and took the blank check. Carolyn filled in the blank check as instructed and deposited the check in her account at BancOhio. Thereafter, upon discovering the transaction, Rotondo’s son obtained a temporary restraining order to stop the transfer of funds. BancOhio then dishonored the check, removed a provisional credit from Carolyn’s account, recredited Rotondo’s account, and returned the check to Carolyn with an explanation that the check had been dishonored due to the temporary restraining order. On March 22, 1989, Carolyn filed suit, alleging that BancOhio removed $75,000 from her account without authority to do so and refused to honor the check. BancOhio filed a motion for a directed verdict, which the trial court granted. Carolyn appealed.