Peters v. Riggs National Bank, N.A.

During Rhona Graves's incapacitation from a stroke and after her death, someone else withdrew over $130,000 from her Riggs National Bank (defendant) account by check and ATM withdrawal, while the bank continued sending account statements; the customer agreement limited Riggs's liability to unauthorized transactions reported within 60 days of the relevant statement. Winston Peters (plaintiff), Graves's son and estate representative, learned of the withdrawals only upon his appointment and sued Riggs more than a year later for breach of contract, negligence, and Electronic Funds Transfer Act violations; the trial court granted Riggs summary judgment for lack of timely notice.