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Humphrey v. JP Morgan Chase Bank NA

Res judicata did not bar the plaintiff's claims against the bank for damages allegedly arising from the initiation of foreclosure proceedings on certain property, and the trial court erred in dismissing the plaintiff's claims on that basis.

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Virgil Humphrey sued JP Morgan Chase Bank, N. A. Chase and the law firm of Martin Brunavs MB for damages allegedly arising from the initiation of foreclosure proceedings on certain property. The trial court granted Chase’s motion to dismiss and entered summary judgment for MB. Humphrey appeals both rulings. For reasons that follow, we affirm the grant of summary judgment to MB, but reverse the dismissal of Humphrey’s claims against Chase.

1. We will first address the summary judgment ruling. Summary judgment is appropriate when the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.1 We review the grant of summary judgment de novo, construing the evidence and all reasonable inferences and conclusions drawn from it in the light most favorable to the non-movant.2

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