Dismissal of Claim
William Locke prevailed on a motion to dismiss claims against two of the firm’s clients, members of a limited liability company that operated a motel. The plaintiff, an adjacent property owner, sued the members and the company after its employee allegedly started a fire that destroyed plaintiff’s building. The plaintiff claimed that the members were personally liable for hiring and supervising the employee.
Mr. Locke moved to dismiss the claims against the members. He asserted that the members performed the allegedly wrongful acts on behalf of the company and, therefore, their alleged wrongdoing could not create personal liability. He argued also that Washington law shielded the members from personal responsibility for such corporate liabilities. The trial court agreed, granted the motion, and dismissed the members from the suit.