Legal Opinion

Tommy Joe Stutzka v. James P. McCarville

Court of Appeals for the Eighth Circuit

Decided August 23, 2005No. 04-2208PublishedCited by 611 opinions

1Opinion of the Court

WOLLMAN, Circuit Judge.

Tommy Joe Stutzka, guardian and conservator for Carol Gibilisco, appeals from the district court’s judgment with respect to his claims against Popular Financial Services, L.L.C. (Popular). We affirm in part and reverse in part.

I

Gibilisco is a widow in her sixties. She has been blind since birth and is developmentally disabled. Although she is articulate and capable of recollecting names, places, times, and events, she lacks a basic understanding of arithmetic and financial transactions. The district court described her as “very trusting and eager to please.”

Gibilisco…

2Cases cited5 opinions

  1. United States v. Wayne EagleboyCourt of Appeals for the Eighth Circuit · 1999
  2. Kracl v. LosekeNebraska Supreme Court · 1990
  3. Lincoln Benefit Life Company, Nebraska Domestic Insurance Corporation, Appellant/cross-Appellee v. Robert R. Edwards, Appellee/cross-AppellantCourt of Appeals for the Eighth Circuit · 2001
  4. Hilda J. Dryden v. Lou Budke's Arrow Finance CompanyCourt of Appeals for the Eighth Circuit · 1981
  5. Gnuse v. GarrettNebraska Supreme Court · 1935

3Cited by611 opinions

  1. Lee Michael Pederson v. Phillip FrostCourt of Appeals for the Eighth Circuit · 2020
  2. United States v. Leland SchneiderCourt of Appeals for the Eighth Circuit · 2018
  3. Alan Keiran v. Home Capital, Inc.Court of Appeals for the Eighth Circuit · 2017
  4. Evan Ng v. Board of Regents of the U of MCourt of Appeals for the Eighth Circuit · 2023
  5. Parker Law Firm v. The Travelers Indemnity Co.Court of Appeals for the Eighth Circuit · 2021

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