Read the "You Be the Judge" on p. 383 of the text. It is the case ofRidgaway v. Silk.

Review the facts, and the arguments of each party in the case.

The issue is:should Costello and Giordano be held personally liable for Ridgaway's death?

Did the LLC protect the two? Can negligence can be proven against them (what facts would you want to explore)? Can Silk (the LLC) be sued? Also, what degree of responsibility did Sulls and Ridgaway have in this case?

As the judge, decide for one party or the other. State your reasoning. Go beyond reiterating the arguments given in the text. Also, don't rely on your instinct. Apply the law.

This assignment is in a discussion forum so feel free to comment on your classmates' responses.

Ridgaway v. Silk

Facts: Norman Costello and Robert Giordano were members of Silk, LLC, which owned a bar and adult entertainment nightclub in Groton, Connecticut, called Silk Stockings. Anthony Sulls went drinking there one nightand drinking heavily. Although he was obviously drunk, employees at Silk Stockings continued to serve him. Costello and Giordano were working there that night. They both greeted customers (who numbered in the hundreds), supervised employees, and performed "other PR work." When Sulls left the nightclub at 1:45 a.m. with two friends, he drove off the highway at high speed, killing himself and one of his passengers, William Ridgaway, Jr. Ridgaway's estate sued Costello and Giordano personally. The defendants filed a motion for summary judgment seeking dismissal of the complaint. You Be the Judge: Are Costello and Giordano personally liable to Ridgaway's estate? Argument for Costello and Giordano: The defendants did not own Silk Stockings; they were simply members of an LLC that owned the nightclub. The whole point of an LLC is to protect members against personal liability. The assets of Silk, LLC, are at risk, but not the personal assets of Costello and Giordano. Argument for Ridgaway's Estate: The defendants are not liable for being members of Silk, LLC, they are liable for their own misdeeds as employees of the LLC. They were both present at Silk Stockings on the night in question, meeting and greeting customers and supervising employees. It is possible that they might actually have served drinks to Sulls, but in any event, they did not adequately supervise and train their employees to prevent them from serving alcohol to someone who was clearly drunk. We do not want to live in a world where employees are free to be as careless as they wish, knowing that th