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Brentlinger v. Bank One of Columbus12/10/2002
. Plaintiff-appellant, Waveline Brentlinger, appeals from the December 21, 2001 decision and entry of the Franklin County Court of Common Pleas granting the motion for summary judgment of defendant-appellee, Bank One of Columbus, N.A. ("Bank One"), and denying appellant's motion for summary judgment. For the reasons that follow, we reverse.
. The following facts are taken from the materials attached to the parties' motions for summary judgment.
. Appellant is a housewife who has never been employed outside the home, except to care for some elderly people. In the 1970s appellant opened a checking account, a savings account, and a safe deposit box at Bank One.
. Appellant always dealt with Cecelia Pecko, the manager of that particular Bank One branch. Appellant considered Pecko a friend whom she trusted. Appellant never conducted business at the bank when Pecko had the day off; rather, appellant would wait until Pecko was available after dealing with other customers; then, appellant would ask Pecko to deposit her money or withdraw it.
. Appellant had $20,000 that had been given to her by her aunt. For ten years, appellant had kept the money in cash at home and had later transferred it to her safe deposit box. When appellant told her son about the money, he advised her to invest it.
. Appellant knew nothing about investing and had never invested money before. She went to Bank One and asked Pecko what to do with the money. Pecko advised appellant to put her money into a certificate of deposit. Appellant asked Pecko to explain what that was. According to appellant, Pecko told her that the money would be put into a Super Seven certificate, that it would earn interest, that the interest would be added to appellant's money, and that the money plus interest would roll over automatically every week. Pecko also told appellant that she could keep the certificate of deposit as long as she wanted and that she would not have to pay tax on the interest.
. On October 4, 1982, appellant gave Pecko $20,000 to put into the certificate of deposit. Appellant received a certificate and a receipt for the deposit, which she placed into her safe deposit box at Bank One. She kept it until 1999.
. Appellant never received any statements from Bank One about the certificate of deposit or the interest earned. Appellant's home address, where she has lived since 1941, is on the certificate of deposit. Appellant has received other interest statements, checking account statements, and bills for her safe deposit box that Bank One has sent to her home address.
. Appellant never withdrew money from her certificate of deposit, and Bank One never paid her any money from her certificate of deposit.
. In July 1999, appellant found her certificate of deposit and deposit receipt in her safe deposit box. Pecko was not working at appellant's branch, so appellant went to her attorney, Kenneth J. Spicer, to get his advice. Appellant and Spicer took the certificate to Bank One to withdraw the money. A Bank One representative told them that information on the Super Seven accounts was no longer kept in the bank's computer system but that he would check on the account. After that date, neither appellant nor Spicer was ever given any information about the certificate of deposit.
. The certificate attached to appellant's complaint states:
. "2. The term of this deposit is seven (7) days and the interest is payable at maturity. Interest is computed by the simple interest method.
. "* * *
. "4. This is an automatically renewable deposit. Unless withdrawn within one (1)
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