Apparent Authority

Richard Hayes, in his will, left his entire estate to New Dawn Canine Rescue, a non-profit started by him whose mission is to rescue abused and neglected dogs out of Midwest puppy mills. But, when Hayes died, there was little left of his estate. That's because a caregiver, Charlotte Duprey, had stolen $750,000 out of Hayes's checking account at RMC Bank. Since Duprey had changed her name and fled the country, trying to recover the stolen money from her was futile. However, Jack McConnell, a Colorado Springs nuts and bolts trial lawyer, thought RMC Bank should be liable for the theft. So, with Hayes's estate as his client, McConnell asserted a claim against the bank. The bank denied the claim and threatened retaliation, leading to a lawsuit and a multi-day jury trial in the El Paso County, Colorado, District Court.