Koutsogiannis v. BB&T

Koutsogiannis (defendant) financed a new car through a loan from BB&T (plaintiff), but BB&T's system mistakenly recorded a full monthly payment as only partial, triggering collection efforts and referral to a third-party attorney. After BB&T couldn't provide Koutsogiannis a correct loan payoff amount, he stopped making payments entirely, and the parties failed to settle, leading BB&T to sue for the outstanding balance. Koutsogiannis counterclaimed for gross negligence, targeting not just BB&T's own conduct but also BB&T's attorney's alleged stall tactics during settlement talks and alleged intentional deception of the trial court in a summary-judgment motion. BB&T asked the trial court to instruct the jury on independent-contractor law regarding the attorney's actions, but the court instead instructed on agency law, and the jury found for Koutsogiannis. BB&T appealed the jury instruction.