American Express Bank FSB v. Diane Deering
145 A.3d 551
| Me. | 2016Background
- American Express sued Diane Deering in District Court for unpaid Delta SkyMiles credit-card charges, seeking $22,339.94. Deering denied the claim.
- Trial occurred after delays; Deering did not appear in person or present witnesses or exhibits.
- American Express produced as evidence 62 monthly account statements (March 2005–Sept 2010, with a few months missing) and a 2008 card agreement.
- Edmond Garabedian, a 40-year American Express employee and records custodian in global collections, testified about account creation, transaction capture, archival storage, and statement reproduction procedures.
- The District Court admitted the records under the business‑records hearsay exception (M.R. Evid. 803(6)), credited Garabedian’s foundation testimony, found Deering had a contract and defaulted, and entered judgment for $22,339.94.
- Deering appealed solely challenging admission of the business records; the Supreme Judicial Court affirmed.
Issues
| Issue | Plaintiff's Argument (Deering) | Defendant's Argument (American Express) | Held |
|---|---|---|---|
| Admissibility of monthly statements under business‑records exception | Garabedian was not a qualified witness/custodian to lay foundation; missing statements undermine trustworthiness | Garabedian was records custodian with firsthand, detailed knowledge of record-creation, storage, and retrieval; missing pages go to weight, not admissibility | Records admissible; Garabedian was a qualified witness and foundation satisfied |
| Admissibility of credit‑card agreement under business‑records exception | Same challenge as to statements; foundation lacking | Agreement was archived and produced in same ordinary course; custodian testimony supports reliability | Agreement admissible under M.R. Evid. 803(6) |
| Whether missing statements defeat trustworthiness | Missing months show lack of reliability | Occasional omissions do not prove untrustworthiness; methodology and archival safeguards support trustworthiness | Missing statements affect weight, not admissibility; court did not err |
| Sufficiency of proof for contract and amount owing | (also argued on appeal but not addressed in detail) | Trial court relied on admitted records and findings | Court affirmed judgment that Deering owed $22,339.94 |
Key Cases Cited
- State v. Abdi, 112 A.3d 360 (Me. 2015) (standard of review and discussion of business‑records foundation)
- Bank of Am., N.A. v. Greenleaf, 96 A.3d 700 (Me. 2014) (requirements for qualified witness under business‑records exception)
- Homeward Residential, Inc. v. Gregor, 122 A.3d 947 (Me. 2015) (definition of "qualified witness" as intimately involved in daily operations)