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SEE COURT OF APPEALS RULES 11 AND 12
No. E2012–01371–COA–R3–CV.
Dec. 10, 2012 Session.
Jan. 11, 2013.
Appeal from the Circuit Court for Blount County, No. L15908; Hon. David Reed Duggan, Judge.
OPINION
JOHN W. McCLARTY, J.
This case was filed pursuant to the Electronic Funds Transfer Act. Customer sought reimbursement from Bank
for unauthorized transactions made using a debit card linked to his account. Bank limited reimbursement to the
Stephen S. Patterson, II (“Customer”) opened a combination personal and business checking account with Sun-
trust Bank, East Tennessee (“Bank”) in Alcoa, Tennessee on December 20, 1999. On that day, Customer was told
that he would receive a debit card in the mail. When Customer received his debit card, he validated it and then used
it to make purchases.
© 2013 Thomson Reuters. No Claim to Orig. US Gov. Works.
© 2013 Thomson Reuters. No Claim to Orig. US Gov. Works.
disclosures of liability, if the account was accessed using an accepted device, and if the issuer of the accepted device
provided a means whereby the user can be identified as the person authorized to use the device. 15 U.S.C. §
1693g(a); 12 CFR § 205.6(a).
I.
sure documents are waived because he did not object when the documents were admitted into evidence. Tenn.
R.App. P. 36(a) (providing that failure to contemporaneously object to the admission of inadmissible hearsay testi-
mony results in waiver of the issue on appeal). Lastly, his arguments relating to Ms. Hardiman’s testimony are mis-
placed.
Generally, a custodian of records must be presented to introduce
[a] memorandum, report, record, or data compilation, in any form, of acts, events, conditions, opinions, or diagno-
ses made at or near the time by or from information transmitted by a person with knowledge and a business duty
2. The person providing the information in the document must have firsthand knowledge of the recorded events or
facts;
3. The person providing the information in the document must be under a business duty to record or transmit the
information;
© 2013 Thomson Reuters. No Claim to Orig. US Gov. Works.
disclosures of liability, if the account was accessed using an accepted device, and if the issuer of the accepted device
provided a means whereby the user can be identified as the person authorized to use the device. 15 U.S.C. §
1693g(a); 12 CFR § 205.6(a).
I.
sure documents are waived because he did not object when the documents were admitted into evidence. Tenn.
R.App. P. 36(a) (providing that failure to contemporaneously object to the admission of inadmissible hearsay testi-
mony results in waiver of the issue on appeal). Lastly, his arguments relating to Ms. Hardiman’s testimony are mis-
placed.
Generally, a custodian of records must be presented to introduce
[a] memorandum, report, record, or data compilation, in any form, of acts, events, conditions, opinions, or diagno-
ses made at or near the time by or from information transmitted by a person with knowledge and a business duty
2. The person providing the information in the document must have firsthand knowledge of the recorded events or
facts;
3. The person providing the information in the document must be under a business duty to record or transmit the
information;