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Soerries v. Dancause

Evidence that defendant commingled individual and corporate assets by waiving corporate rental payments and using corporate funds to pay his personal expenses supported the jury's decision to pierce the corporate veil.

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In this dram shop liability case, William A. Soerries appeals from a jury verdict that pierced the corporate veil and held him personally liable for damages. Because we find that the evidence presented supported the jury’s verdict, we affirm.

The facts, viewed in a light most favorable to the jury’s verdict,1 show that Soerries was the sole shareholder of Chickasaw Club, Inc., which operated a popular nightclub in Columbus for 23 years until it closed in 1999. At approximately 11:45 p.m. on July 31, 1996, 18-year-old Aubrey Lynn Pursley was intoxicated when she entered the Chickasaw Club. Although a Columbus ordinance prohibits individuals under 21-years-old from entering nightclubs, it is undisputed that club employees did not check Pursley’s identification to establish her age. A friend testified that Pursley already was intoxicated when she arrived at the club. Even so, friends testified that Pursley drank additional alcohol at the club and was visibly intoxicated when she left at approximately 3:00 a.m. on August 1, 1996. Security videotapes showed that she left the club with a beer in her hand. Shortly thereafter, Pursley was killed when she lost control of her car and struck a tree.

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