Turner v. AndrewAnnotate this Case
Appellee filed suit against Appellants, seeking personal property damages and lost business income resulting from a vehicle collision in which a truck was damaged. The truck was owned by Appellee individually and used in his trucking business, an LLC. The LLC was not named as a plaintiff in the lawsuit. After the trial court granted Appellants' motion for summary judgment as to the lost business income, the court granted Appellants a judgment on the pleadings due to Appellee's failure to comply with discovery orders. The court of appeals reversed, concluding, inter alia, that (1) Appellee could properly pursue his lost business claim in his own name because he was the sole owner of the LLC, and (2) Appellee had presented sufficient evidence to overcome the motion for summary judgment. The Supreme Court vacated the judgment of the court of appeals and remanded, holding (1) the court of appeals erred in determining that Appellee could bring a claim in his own name for any trucking business lost by the LLC; and (2) the discovery sanction imposed on Appellee was the functional equivalent of an order dismissing both claims, and as such, findings of fact and conclusions of law were required.