Timberbank, Inc. v. Haynes

Banke, Presiding Judge.

Winfred N. Haynes sued TimberBank, Inc., his former employer, for breach of their written employment agreement. By separate complaint, he also sued Michael W. Catón, TimberBank’s principal officer and shareholder, seeking both to hold him personally liable on the contract on the theory that he had operated the corporation as his alter ego and to hold him liable in tort for malicious interference with his rights under the contract. TimberBank counterclaimed, alleging breach of contract and breach of fiduciary duty by Haynes. The two cases were consolidated for trial.

Based…