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FIRST AM. BANK v. DISTRICT OF COLUMBIA

No. 86-741.

583 A.2d 993 (1990)

FIRST AMERICAN BANK, N.A., Appellant, v. DISTRICT OF COLUMBIA and Transportation Management, Inc., Appellees.

District of Columbia Court of Appeals.

Decided December 11, 1990.

Attorney(s) appearing for the Case

John M. Clifford, with whom Henry A. McKinnon, Washington, D.C., was on the brief, for appellant.

James C. McKay, Jr., with whom Frederick D. Cooke, Jr., Corp. Counsel at the time the brief was filed, and Charles L. Reischel, Deputy Corp. Counsel, Washington, D.C., were on the brief, for appellee District of Columbia.

Ronald K. Jaicks, Fairfax, Va., for appellee Transp. Management, Inc.

Before FERREN, BELSON and FARRELL, Associate Judges.

BELSON, Associate Judge:

This case arises from the unexplained disappearance of a bank dispatch bag from a vehicle owned by First American Bank after the vehicle had been towed to an impoundment lot because it was parked illegally in a rush hour zone. The main issue on appeal is whether the bank can recover from the District of Columbia and the towing company on a showing of failure to exercise ordinary care. We hold that it can.

The facts, as found by the...

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