Mabel N. Killion, Mike E. Killion, Mika J. Killion, Richard Killion, Tresa Killion, Bill J. Killion & Mitzi Killion v. Bank Midwest, N.A. and Dickinson Financial Corporation and John Crist

Bank Midwest attempted to foreclose on the Killion 643 acre farm in Pettis County, Missouri, based upon the Killion's having defaulted on the terms of their contract which required them to pay contingent interest. The contingent interest issue was ruled unlawful in a separate action. The Killion's filed the present action for damages against the Bank, Dickinson, and John Crist, an officer of the bank and a representative of Dickinson. The Killions alleged that the Bank made fraudulent misrepresentations at the time of the note execution, that Christ breached his fiduciary duty, that Dickinson breached is fiduciary duty, that the Bank breached its duty of good faith, and that the Bank, Dickinson and Crist had committed a prima facie tort by proceeding with the foreclosure sale without justification.

At the close of the evidence, the trial court directed a verdict in favor of the Bank, Dickinson, and Christ on all counts except for the prima facie tort claim. On that claim, the jury found in favor of the Killions, awarding $55,000 in compensatory damages. The jury also awarded the Killions $100,000 in punitive damages from the Bank, and $400,000 in punitive damages from Dickinson.

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The Killions did not submit a verdict form pertaining to Mr. Crist. The Bank and Dickinson appealed. The Missouri Court of Appeals, Western District, reversed the trial court in a majority decision, with one dissent. See: 987 S.W.2nd 801 (Mo.App. W.D. 1998). The date shown above is the date of the appellate court decision and not the trial date. Reported by JAB.