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Business Associations Keyed to Epstein, 5th Ed.
Kubican v. The Tavern, LLC
Citation:
232 W.Va. 268, 752 S.E.2d 299 (2013)Facts
Joseph Kubican was allegedly injured in an altercation at Bubba’s Bar and Grill in Bridgeport, West Virginia on February 7, 2011. He filed a complaint asserting negligence claims against Bubba’s Bar and Grill and Harry Wiseman. Kubican later discovered that Bubba’s was actually a fictitious name used by The Tavern, LLC, which was owned by James Paugh and Lawson Mangum. After obtaining discovery, including bank records showing commingling of personal and business funds, Kubican sought to amend his complaint to add Paugh and Mangum as defendants and assert a veil piercing claim. The Tavern opposed the amendment, arguing that West Virginia law prohibited piercing an LLC’s veil. Kubican’s proposed amended complaint alleged that Paugh and Mangum exercised complete control over the company, commingled funds, failed to observe legal formalities, diverted company assets for personal use, and left the company undercapitalized, among other allegations.
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