Legal Question in Civil Litigation in Utah
Suing a corporation.
I recently won a judgement against the builder of my house for hooking up the sewer to the stormdrain. He is appealing the decision claiming he was a corporation at the time the house was built. He could not prove this at the time of the first trial but I am sure he has some proof now since he filed the appeal. Can he win on this ground and if so can I sue the corporation that is no longer in existence?
1 Answer from Attorneys
Re: Suing a corporation.
You did not indicate whether the first suit was in small claims or district court. If in small claims then he can appeal "de novo" - a new trial on all issues - in district court. If you won in district court he then must appeal to the Ct. of Appeals and must appeal based on the record in the District Court, alledging that the District Court made some sort of reversable error.
In either event you can proceed in court with a claim that he as an individual and the corporation are "Alter egos" meaning that they are really the same person. It is called piercing the corporate veil. He must prove strict adherence to corporate forms, including maintenance of records, separate financial accounts for personal and business, no intermingling of his financial, personal and business affairs.
Generally on appeal one cannot provide information which was not admitted into evidence in the first trial, but which could have been presented.
If this is an appeal to the Court of Appeals, you should have some help. Appeals are very technical. Call for a free consultation.
Related Questions & Answers
-
Repeated harassing phone calls. What should I do? An employees ex-wife called my... Asked 10/04/00, 10:39 pm in United States Utah General Civil Litigation