DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
153872P.pdf 08/17/2017 Jo Ann Howard and Associates v. National City Bank
U.S. Court of Appeals Case No: 15-3872
and No: 15-3878
U.S. District Court for the Eastern District of Missouri - St. Louis
[PUBLISHED] [Colloton, Author, with Melloy and Shepherd, Circuit Judges]
Civil case - Trusts. In action alleging Allegiant Bank, PNC's predecessor,
breached its fiduciary duties as trustee of pre-need funeral deposits, was
negligent and aided and abetted fraud and breach of fiduciary duty, the
district court erred in determining the claims arose under tort law and
were actionable at law; plaintiffs brought a trust-law claim in equity
that should have been tried to the court; the beneficiaries of the trust
were National Prearranged Services, Missouri consumers and funeral homes
that were to provide services to the consumers; the measure of damages for
the trust claim is defined by Section 205 of the Restatement (Second) of
Trusts; the district court did not err in dismissing plaintiffs' claims
for aiding and abetting in tort; although the court erred in allowing the
case to be tried to a jury on a tort-law theory, the court is not required
to retry the matter in its entirety as it is familiar with the evidence
and may proceed on the existing trial record as it sees fit, with receipt
of any additional evidence the court finds appropriate.