Ward v. Diebold, Inc.

Plaintiff, Donna G. Ward, appeals from a judgment which was in her behalf but which awarded zero damages. Defendants, Diebold, Inc., and Diebold International Sales Corporation, cross-appeal. We reverse and remand for a new trial.

Plaintiff purchased an old, locked Diebold-Kienzie safe at an estate sale in Mobile, with the hope or expectation that it contained valuable items. Plaintiff contacted the local Diebold manager, Michael Hardegree, Sr., to arrange to have the safe opened.

In her complaint, plaintiff alleged fraudulent representation, breach of contract, negligence, and conversion. In…