K.J. McNitt Construction, Inc. v. Economopoulos

HANSEN, Chief Judge:

§1 Plaintiff/Appellant, K.J. McNitt Construction, Inc. (MeNitt), contracted with Toni-an Roofing/Waterproofing, Inc. (Ionian) to provide roofing labor and materials on three construction projects. After Ionian breached the contract, MeNitt completed the work and paid Ionian's subcontractors. MeNitt then sued Tonian and its corporate officer, Bobby Economopoulos, to recover its damages.

[ 2 MeNitt dismissed Ionian without prejudice from the suit after Ionian filed bank-ruptey. Economopoulos filed a motion for summary judgment arguing he was not lable for McNitt's claims…