Hermann v. Lynch

Lorena Hermann and her daughter Bonnie Jean Hermann sued their stockbroker Frank Wagner and wife, and his employer Merrill Lynch, Pierce, Fenner & Smith, Inc. (Merrill Lynch), to recover money damages for alleged negligence in the handling of their stock portfolios. In addition to negligence, plaintiff Bonnie Jean Hermann claims she was entitled to damages from the defendants for alleged excessive trading of stock in her account. The defendants Wagner and Merrill Lynch denied any negligence or excessive trading, and asserted that they did no more than advise the plaintiffs as to their accounts. In addition, the defendants claim that the Hermanns are estopped by their own action or inaction from maintaining any claim for damages.