Forged Signatures. Cynthia Stafford worked as an administrative professional at Gerber & Gerber, P.C. (professional corporation), a law fi rm, for more than two years. During that time, she stole ten checks payable to Gerber & Gerber (G&G), which she indorsed in blank by forging one of the attorney’s signatures.

She then indorsed the forged checks in her name and deposited them in her account at Regions Bank. Over the same period, G&G deposited in its accounts at Regions Bank thousands of checks amounting to $300 million to $400 million.

Each G&G check was indorsed with a rubber stamp for deposit into the G&G account. The thefts were made possible in part because G&G kept unindorsed checks in an open fi le accessible to all employees and Stafford was sometimes the person assigned to stamp the checks. When the thefts were discovered, G&G fi led a suit in a Georgia state court against Regions Bank to recover the stolen funds, alleging. among other things, negligence.

Regions Bank fi led a motion for summary judgment.

What principles apply to attribute liability between these parties?

How should the court rule on the bank’s motion? Explain.

[Gerber & Gerber, P.C. v. Regions Bank, 596 S.E.2d 174 (Ga.App.

2004)]