Bailey v. Hawthorn Bank

GARY D. WITT, Judge.

Hawthorn Bank (“Bank”) appeals following a jury trial in which a verdict was rendered in favor of the plaintiffs, Edward Bailey (“Bailey”) and Darlene Briggs (“Briggs”).1 Plaintiffs cross-appeal.2

For the reasons explained below, we affirm in part, and reverse in part.

Factual Background

Since 2000, Bailey owned a business in Lee’s Summit, Missouri called Bailey’s Wine Bistro. The business served wine and cold food, as it did not have a kitchen. The Bank over the years was Bailey’s business lender, providing Bailey a loan to purchase the restaurant (but not the building in…