Todd R. Rand
v.
Security National Corporation d/b/a Security National Bank
Todd Rand, a beneficiary of his deceased father’s estate, sued the estate’s personal representative, Security National Bank (SNB), asserting tort claims of breach of fiduciary duty, negligent misrepresentation, and fraud, and seeking common law attorney’s fees, based on SNB’s alleged misconduct while administering the estate. He appeals from the district court’s order granting SNB’s motion for summary judgment. Mr. Rand argues the district court erred in dismissing his claims because it held: (1) his claims were not cognizable in an action at law in the district court; (2) a reasonable jury could not conclude SNB breached its duty and caused him damages; (3) Rand did not rely on SNB’s alleged misrepresentations regarding the amount of fees the executor and the estate’s attorney would charge; (4) no reasonable jury could find SNB’s alleged misrepresentation regarding fees constituted fraud; (5) Rand could not recover damages based on an expenditure of attorney’s fees, either as an element of his tort claims or at common law; and (6) Rand was not entitled to emotional distress and punitive damages.
Appellant
Todd R. Rand
Appellee
Security National Corporation d/b/a Security National Bank
Attorney for the Appellant
Stanley E. Munger
Attorneys for the Appellee
John C. Gray
Joel D. Vos
Supreme Court
Oral Argument Schedule
15-15-5
Mar 24, 2022 9:00 AM