Lippy v. Society National Bank

I again respectfully dissent from the majority opinion in reference to the first assignment regarding the liability of Society Bank. One, I find Umbaugh Pole Bldg. Co. v. Scott (1979), 58 Ohio St.2d 282, 12 O.O.3d 279, 390 N.E.2d 320, to be right on point. The trial judge was correct in finding that, as a matter of law, there were no facts put forth in the opening statement which created a “specific duty” and, thus, transformed the contemplated debtor/creditor relationship between the bank and Lippy into a fiduciary relationship.

As is pointed out in Umbaugh, the mere “rendering of advice by…