CHARLESTON – A Charleston woman claims a bank should reimburse her for money wrongly withdrawn from her checking account.
Sandra Meadows filed the lawsuit against The Huntington National Bank on Jan. 27 in Kanawha Circuit Court.
In early May 2005, Meadows says she was conducting business at the South Charleston bank branch when it "came to her attention that a transaction was being processed from her checking account that she did not authorize."
That very day, Meadows says she requested a review of her account, of which she was the sole owner. She learned that another person had written several checks from her account, payable to his order, and forged her name from July 2004 to April 2005.
In the suit, Meadows says about $15,000 was taken from the account, the last unauthorized withdrawal being $5,000 in April 2005.
She reported the theft to bank officials and requested reimbursement.
"She was advised that she would b reimbursed for any unauthorized payment," states the suit, filed by attorney Jennifer Narog Taylor.
A few weeks later, Meadows says she was advised she could not receive reimbursement unless she reported the incident to the Kanawha County Prosecutor's office. So, she says she did that immediately.
She claims the bank is required to reimburse for funds fraudulently taken from an account under the West Virginia Uniform Commercial Code. She sues the bank for breach of warranty, breach of contracts, breach of fiduciary duty and failure to act in good faith. She also says the bank was negligent and guilty of fraud.
Meadows seeks compensatory damages plus interest as well as judgment for mental anguish, aggravation and emotional distress. She also seeks punitive damages, attorney fees, court costs and other relief.
Meadows requests a jury trial.
The case has been assigned to Circuit Judge Irene Berger.
Kanawha Circuit Court case number: 06-C-145