Court: US Court of Appeals for the Fifth Circuit
Opinion Date: August 17, 2021
Judge: Stuart Kyle Duncan
Areas of Law: Business Law, Personal Injury
After the plaintiff was run over by a barrel-racing horse at a Texas rodeo, she filed suit against Kosse Roping Club, the rodeo operator, for negligence. Ten months later, the plaintiff filed suit against the club’s directors.
The Fifth Circuit affirmed the district court’s dismissal of the plaintiff’s claims against the directors as untimely. The court need not decide the validity of the plaintiff’s tolling theory because it concluded that, under Texas law, the plaintiff could not pierce the club’s corporate veil based solely on the evidence that the club was undercapitalized. Therefore, the plaintiff’s veil-piercing theory failed, and, along with it, any argument that the limitations clock against the directors was tolled by her suing Kosse.
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