Speer v. Dighton Grain, Inc.

I concur with the majority’s reversal of the trial court’s judgment but for a different reason. I would reverse because the trial court erred in submitting the case on the theory of comparative negligence which is inapplicable to a gross negligence action.

I also disagree with the majority holding that a creditor of a corporation cannot maintain an action against a corporate officer and director for negligence in the discharge of his corporate duties resulting in injury to the creditor. I recognize there is a sharp division of authority on this issue. The authorities supporting denial of…