Amsouth Bank, N.A. v. Spigener

Because I believe that the trial court should have directed a verdict in favor of AmSouth, as requested by AmSouth, on the fraudulent concealment count and because I do not believe that punitive damages are appropriate in this case, I dissent. The majority predicates its opinion on the fact that this is no ordinary banking case and that the particular circumstances of this case would rarely, if ever, reappear. Hard facts have been known to make bad law.

Fraudulent Concealment

Section 6-5-102, Code 1975, provides:

"Suppression of a material fact which the party is under an obligation to…