Koutsogiannis v. Bb&T

616 S.E.2d 425 (2005)

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Nature of the Case

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Facts

D financed the purchase of a car with a loan from United Carolina Bank, which eventually merged into P. D made a full cash payment for the month; however, the payment was improperly entered as a partial payment. P claimed D owed the bank $23.76. P began collection efforts and D continued to make regular payments, but then ceased payments due to P's collection efforts and its inability to give him a correct payoff figure. P referred the collection matter to an outside attorney. In negotiations with P's attorney (Attorney), D's attorney attempted to establish a correct payoff figure and sought to have P correct the error on his credit report. When the attorneys could not reach a final agreement, P sued D. D lost a real estate deal due to P's credit reporting error. D filed counterclaims of libel, conversion, breach of contract accompanied by fraudulent intent, and gross negligence against P. P moved for summary judgment. The court granted summary judgment on both P's claims and D's counterclaims in an order prepared by Attorney. The Court of Appeals reversed. D paid off the car loan, and a jury trial was conducted on the counterclaims. D sought to recover damages from P misconduct in handling the loan matter and vicarious liability for Attorney's misconduct in attempting to collect the debt and preparing the draft order for summary judgment. D asserted Attorney intentionally sought to deceive the trial court and injure D. P claimed Attorney was an independent contractor for whose misconduct P was not vicariously liable. The court gave a detailed and extensive charge on the law of agency to the jury. The court further charged that the 'acts of an attorney are directly attributable and binding upon the client.' The jury awarded D $98,000. D appealed.