Memphis Bank Alleged to Be Negligent in Robbery
James Heflin decided to take a large amount of cash from IberiaBank, formerly Pulaski bank, in March of 2007, fearing that the economy could not be trusted. When he arrived at home, he was robbed and severely beaten. The attackers came back at a later date and stole more money ($390,172.63) at gunpoint. The robbery was later linked to a teller named Lakesha Thomas, who informed her husband Rodricko Thomas, an ex-convict, about the cash withdrawn by Mr. Heflin.
Mr. Heflin filed a lawsuit against the bank for negligent hiring and screening of bank tellers in order to cover some of the money he lost in the robberies. IberiaBank refused to compensate Mr. Heflin and moved for the court to dismiss the lawsuit. The lawsuit against the bank was dismissed by Judge Karen Williams.
Bailey & Greer founder Sadler Bailey is quoted in a recent Commercial Appeal article as saying that Judge Williams should have allowed a jury to decide the case against the bank. “That’s a question of fact for a jury … I strongly encourage the plaintiffs (the Heflins), who are represented by very fine lawyers, to appeal this matter. This is a case most certainly worthy of appellate review. Then most certainly this travesty will be remedied,” said Bailey.
Bailey participated in a Tennessee Supreme Court case in 1996 which established the current standard for business owners. Bailey said Tennessee law at the time “was that you could not hold a premises owner liable unless they had knowledge of imminent harm. That was a virtually impossible standard to meet. Now a premises owner is held to a standard of care including the ‘foreseeability’ of an event.” The Commercial Appeal article notes that “without background checks for tellers and their family members it could be considered foreseeable that eventually a rogue teller (like Lakesha Thomas) might cause harm to a bank customer.”
Since graduating magna cum laude in 2005 from the University of Memphis School of Law, Thomas has helped make a difference in the lives of victims of serious personal injury, wrongful death, and professional negligence. Thomas has extensive trial experience in both state and federal court. Among other victories in the courtroom, Thomas obtained several impressive jury verdicts and settlements
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