SWINFORD TRUCKING v. PADUCAH BANK & TRUST

No. 2008-CA-001748-MR.

314 S.W.3d 310 (2010)

SWINFORD TRUCKING CO., INC., Appellant, v. PADUCAH BANK AND TRUST CO., Appellee.

Court of Appeals of Kentucky.

May 21, 2010.


Attorney(s) appearing for the Case

Richard D. Null, Mayfield, KY, for appellant.

Thomas J. Keuler, Paducah, KY, for appellee.

Before CAPERTON, CLAYTON and THOMPSON, Judges.


OPINION

THOMPSON, Judge.

Swinford Trucking Co., Inc., appeals from an order dismissing its complaint against Paducah Bank and Trust Co., on the basis that Swinford had been fully compensated by the satisfaction of a criminal restitution order. Because we conclude that the circuit court erred as a matter of law, we reverse and remand.

Swinford's office manager, Debbie Crowley, embezzled funds from Swinford's bank accounts at Paducah Bank and...

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