Dixon, Laukitis and Downing, P.C. v. Busey Bank

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2013 IL App (3d) 120832
Decision Date: 
July 31, 2013
District: 
3d Dist.
Division/County: 
Peoria Co.
Justice: 
O'BRIEN
Holding: 
Affirmed.
Plaintiff law firm filed negligence action against bank, alleging that it breached duty of ordinary care as to fraudulent check law firm deposited in its trust account and drew against, later found uncollectible. Court properly dismissed complaint on basis of Moorman doctrine precluding negligence action for solely economic loss; and as parties' account agreement and UCC place risk of loss on depositer until final settlement of check. (CARTER and McDADE, concurring.)