McCALLUM FAMILY L.L.C. v. WINGER

No. 09CA0212.

221 P.3d 69 (2009)

McCALLUM FAMILY L.L.C., Plaintiff-Appellant, v. Marc WINGER and Karen Winger, Defendants-Appellees.

Colorado Court of Appeals, Div. VII.

October 29, 2009.


Attorney(s) appearing for the Case

Dufford, Waldeck, Milburn & Krohn, L.L.P., Sam D. Starritt, Wm. S. DeFord, Grand Junction, Colorado, for Plaintiff-Appellant.

Marc Winger, Pro Se.

No Appearance for Defendant-Appellee Karen Winger.


Opinion by Judge TERRY.

In this appeal, we address four issues relating to potential personal liability of a corporate shareholder and another corporate insider who is not a shareholder, officer, or director. We first apply section 13-25-127(1), C.R.S.2009, and conclude that the burden of proof in an action to pierce the corporate veil is by a preponderance of the evidence, not by clear and convincing evidence, as has sometimes been incorrectly stated. Next, we conclude...

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