Eleanor W. Paehler v. Union Planters

This case involves the alleged theft of the contents of a safe deposit box. Plaintiff, Eleanor W. Paehler, appeals the order of the trial court granting summary judgment to defendants, Union Planters National Bank, Barbie Archibald, and Jean Johnson. In 1975, Mrs. Paehler's husband, Louis Paehler, rented a safe deposit box from Union Planters. Louis Paehler died on October 8, 1987, and after his death, Mrs. Paehler was subsequently appointed executrix of his estate. On February 12, 1988, Mrs. Paehler, as executrix, went to the Union Planters Bank to open the safe deposit box. Entry to safe deposit boxes is accomplished by two keys - one kept by the customer and one kept by the bank. When a customer desires to enter a box, a card showing the date and time of entry must be signed by the customer, then a bank representative and the customer use the respective keys to access the box. Mrs. Paehler did not have the customer key, so Union Planters arranged for the box to be drilled open by Webster Safe and Lock Company.