Legal Question in Civil Litigation in Utah

appeal

I recently won a judgement in small claims court on a contrcter who plumbed the sewer pipes from the house into the stormdrain. The city notified me that the correction must be made. I made the correstion and sued the contractor. He is appealing the verdict claiming he was incorporated at the time, and that I can't sue him individually. He signed the building permit as an individual. Will the judgement that I got stand or will I have to go after the corporation in another suit?


Asked on 9/18/01, 3:53 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: appeal

I think we have corresponded about this matter before. His appeal will be to the district court from small claims, which is a trial de novo - or a new trial. You can name both he and the corporation in this matter, and claim that they are "alter egos" of each other - meaning that the corporation and he share such mutual identity that they are the same for legal purposes. Look for evidence such as he did not name the corporation on the building permit, with you in your contract, with the suppliers he used or uses, that he mixes personal and business finances, he uses business property for personal uses (i.e., his truck)(maybe his office is in his home, etc.)

Call me if you have questions.

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Answered on 11/06/01, 10:03 am


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