GROOB v. KEYBANK

No. 2004-0214.

108 Ohio St.3d 348 (2006)

2006-Ohio-1189

GROOB ET AL., APPELLEES, v. KEYBANK ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided March 29, 2006.


Attorney(s) appearing for the Case

Waite, Schneider, Bayless & Chesley, Stanley M. Chesley, and Paul M. DeMarco; and Robert F. Croskery and Melinda E. Knisley, for appellees.

Thompson Hine, L.L.P., William C. Wilkinson, Brian J. Lamb, and Timothy H. Linville, for appellants.

Kisor & Winkler, L.L.C., and John C. Deal; and Jeffrey D. Quayle, urging reversal for amicus curiae, Ohio Bankers League.


LANZINGER, J.

{¶ 1} The question presented here is whether a bank may be held liable for breach of fiduciary duty or under the doctrine of respondeat superior when a bank employee uses confidential information obtained from a prospective borrower for the employee's personal advantage. We hold that a bank dealing at arm's length with a prospective borrower does not have a fiduciary duty to that prospective borrower unless special circumstances...

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