Question
Professor Smith is the sole member of Smith Tree Farm and Cattle Ranch, LLC. The LLC entered into an agreement with Joey Dial to harvest
Professor Smith is the sole member of Smith Tree Farm and Cattle Ranch, LLC. The LLC entered into an agreement with Joey Dial to harvest trees from Professor Smith's property. During the tree harvest, Joey Dial alleged that Professor Smith's trees were full of iron nails which resulted in the damage of Joey Dial's equipment. After discovering that the LLC was without assets, Joey Dial sued Professor Smith individually. The Professor defended on the basis that the contract was between the LLC and Joey Dial and that he has no personal liability.
Can the court disregard the LLC entity in this situation and hold Professor Smith personally responsible?
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