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O'MARA ENTERPRISES v. PEOPLE'S BANK

No. 20080.

420 S.E.2d 727 (1992)

187 W.Va. 591

O'MARA ENTERPRISES, INC., Plaintiff Below, Appellant, v. PEOPLE'S BANK OF WEIRTON, Lowndes Bank, Parkersburg National Bank, First National Bank of Morgantown, and the Suncrest National Bank, Defendants and Third-Party Plaintiffs Below, Appellees, v. BANK ONE, STEUBENVILLE, N.A., Third-Party Defendant Below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided June 11, 1992.

Rehearing Denied July 21, 1992.

Attorney(s) appearing for the Case

William T. Fahey, Hinerman & Fahey, Weirton, James C. Carpenter, Carlile, Patchen & Murphy, Columbus, Ohio, for appellant.

Dominic J. Bianco, Robert P. Fitzsimmons, Fitzsimmons & Parsons, Wheeling, for All Banks.

WORKMAN, Justice:

Appellant O'Mara Enterprises, Inc. ("O'Mara") appeals from an adverse summary judgment ruling entered by the Circuit Court of Hancock County in favor of the appellee banks on the issue of alleged wrongful payment of deposited checks. An embezzlement scheme perpetrated on O'Mara by its controller resulted in O'Mara's loss of more than $41,000.1 The funds, had they not been embezzled, were intended by O'Mara as payment...

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