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Hayes v. Collins

Absent evidence to warrant piercing the corporate veil, plaintiff could not recover from sole shareholder of corporation individually for repayment of a corporate loan.

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Lisa Hayes sued Jennifer Collins seeking repayment of a loan and tort damages for emotional distress. On the motion of Ms. Collins, the trial court dismissed Ms. Hayes’ tort claim. The court granted summary judgment to Ms. Collins on the claim for repayment of a loan, and Ms. Hayes appeals. We affirm.

The evidence shows that Ms. Hayes’ late husband, Tony Hayes, loaned Corporate Staffing Solutions, Inc. the “Corporation”, a total of $33,500, by writing three checks from his home equity line of credit. Mr. Hayes made two of the checks payable to the Corporation, and the third payable to himself. The third check was deposited into the Corporation’s account. The terms of the loan were not reduced to writing, and Mr. Hayes did not establish any deadlines for repayment.

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