Nichols v. Metropolitan Bank

OPINION

NIERENGARTEN, Judge.

This is an appeal from a summary judgment. The district court concluded the respondent bank is not liable for damages allegedly caused by a repossession company whose workers repossessed the appellants’ automobile. We reverse.

FACTS

Appellant Gary Nichols obtained a loan from respondent Metropolitan Bank (the Bank) to purchase an automobile which he gave to his daughter, appellant Kim Nichols, as a gift. When Gary Nichols defaulted on the car loan, the Bank orally contracted with R.J. Control Service, a collection and repossession company, to repossess the automobile.

T…