Gonnella Baking Co. v. Clara's Pasta Di Casa, Ltd.

PRESIDING JUSTICE McBRIDE

delivered the opinion of the court:

Plaintiff Gonnella Baking Company filed suit against defendants Clara’s Pasta di Casa, Ltd., an Illinois corporation (count I), and Clara Melchiorre, the president of the corporation (count II), for failing to pay for goods delivered to defendants. The trial court granted Melchiorre’s motion to dismiss count II pursuant to section 2 — 619(a)(9) of the Code of Civil Procedure (Code) (735 ILCS 5/2 — 619(a)(9) (West 2000)), which alleged that Melchiorre was not personally liable for the corporation’s debts. On appeal, plaintiff argues…