A woman alleges she was able to receive only $2,000 from a settlement of more than $180,000 after her mother withdrew money from the account without her permission.
Alyssa Gardner alleges she received a settlement of $181,152.17 in a personal injury case filed in Madison County on July 27, 2010. At the time, Gardner was a minor and could not access the funds, according to the complaint filed Nov. 14 in Madison County Circuit Court.
The money was deposited into an account at defendant Regions Financial Corporation doing business as Regions Bank, the suit states. The bank knew that no funds could be withdrawn from the account without a court order, the complaint says.
However, Geniese Smith, Gardner's mother, withdrew money without a court order between Oct. 26, 2010, and Sept. 28, 2014, the suit states. When Gardner sought to remove money from the account after she turned 18, there was only about $2,000 left, the complaint says.
"It was commercially unjustifiable for Regions Financial Corporation doing business as Regions Bank to disregard the facts readily available and in front of it," the suit states. "Regions Bank is therefore liable to Alyssa Gardner for its improper handling of her funds."
In her complaint, Gardner seeks a judgment of more than $171,152.17, plus interest and other relief the court deems just.
Attorney George R. Ripplinger, of Ripplinger and Zimmer in Belleville, will represent Gardner.
Madison County Circuit Court case number: 14-L-1542.
Woman alleges she only received $2,000 out of far larger settlement
ORGANIZATIONS IN THIS STORY