Legal Opinion
16 Jade Street, LLC v. R. Design Construction Co.
Supreme Court of South Carolina
Decided April 4, 2012No. 27107PublishedCited by 5 opinions
1Opinion of the CourtJustice Hearn
This case presents the novel question of whether a member of a limited liability company can be held personally liable for torts committed while acting in furtherance of the company’s business. We hold the General Assembly did not intend the LLC act to shield a member from liability for his own torts.
FACTUAL/PROCEDURAL BACKGROUND
Carl R. Aten, Jr., and his wife are the only members of R. Design Construction Co., LLC. R. Design’s primary business is building houses for spec, and Aten holds a residential home builder’s license. In this particular case, R. Design selected a lot in Beaufort, South…
2Cases cited17 opinions
- Hodges v. RaineySupreme Court of South Carolina · 2000
- Donald Hoagland, as Receiver of Midwest Transit, Inc. v. Sandberg, Phoenix & Von Gontard, P.C.Court of Appeals for the Seventh Circuit · 2004
- Ventres v. Goodspeed Airport, LLCSupreme Court of Connecticut · 2005
- State v. SweatSupreme Court of South Carolina · 2010
- Browning Ex Rel. Estate of Browning v. HartvigsenSupreme Court of South Carolina · 1992
12 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Dutch Fork Development Group II v. Sel Properties, LLCSupreme Court of South Carolina · 2012
- Dass v. YaleAppellate Court of Illinois · 2014
- Cunningham v. Anderson CountyCourt of Appeals of South Carolina · 2013
- Red Fox Future, LLC v. HolbrooksNorth Carolina Business Court · 2014
- BG v. StateCourt of Appeals of Georgia · 1977