Jonathan is a member of a member- managed limited liability company called Custom Homes, LLC. Custom Homes, LLC, is hired by an owner of a piece of vacant land located on Hilton Head Island, South Carolina, to build a new custom home on the site. Custom Homes, LLC, begins work on the house. Jonathan is responsible for making sure that flashing warning lights are placed in front of the house while it is being constructed to mark open holes in the ground and other dangerous conditions. One night Jonathan leaves the site and forgets to place a flashing warning light marking a hole in front of the house that the LLC is building. That night, Candy, a neighbor who lives in one of the houses in the housing tract where the new house is being built, takes her dog for a walk. As Candy is walking by the unmarked area in front of the new house, she falls into the hole and is severely injured. Candy sues Custom Homes, LLC, to recover damages for her injuries. The jury finds that Jonathan was ordinarily negligent when he failed to place the flashing warning lights to mark the hole that Candy fell in and awards Candy $ 1 million for her injuries. Custom Homes, LLC, pays Candy the $ 1 million and then sues Jonathan to recover the $ 1 million. Is Jonathan liable?

  • CreatedAugust 12, 2015
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