Huggins v. Citibank, N.A.
South Carolina Supreme Court
355 S.C. 329, 585 S.E.2d 275 (2003)
- Written by Miller Jozwiak, JD
Facts
P. Kenneth Huggins (plaintiff) sued several banks (defendants). According to Huggins’s complaint, the banks issued credit cards to an unknown person improperly. Huggins alleged that the unknown person falsely claimed to be Huggins, received the credit cards, and then failed to pay the banks the balances on the accounts. Huggins’s claim was that the banks negligently issued the cards to the person. Specifically, Huggins alleged that the banks were negligent by failing to perform a sufficient investigation, failing to implement sufficient policies to prevent the improper issuance of credit cards, and attempting to collect the debt from Huggins. As a result of these actions, Huggins alleged, he suffered damages. The banks moved to dismiss, claiming that the complaint failed to state a claim and arguing that they owed no duty to Huggins. The federal district court certified the question to the South Carolina Supreme Court of whether South Carolina law recognized a tort of negligent enablement of imposter fraud.
Rule of Law
Issue
Holding and Reasoning (Burnett, J.)
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