KDN MANAGEMENT, INC. v. WINCO FOODS, LLC

Docket No. 45010.

423 P.3d 422 (2018)

KDN MANAGEMENT, INC., a Utah corporation dba KD Concrete Design, Plaintiff-Appellant, v. WINCO FOODS, LLC, a Delaware limited liability company dba WinCo Foods; WinCo Holdings, Inc., an Idaho corporation; Defendants-Respondents, and ABC Corporations I-X, GHI Limited Liability Companies I-X, XYZ Business Entities I-X, John and Jane Does I-X, Defendants. WinCo Foods, LLC, a Delaware limited liability company dba WinCo Foods, Counterclaimant, v. KDN Management, Inc., a Utah corporation dba KD Concrete Design, Counterdefendant. WinCo Foods, LLC, a Delaware limited liability company dba WinCo Foods, Plaintiff-Respondent, v. Kym D. Nelson, an individual; KD3 Flooring LLC, a Utah limited liability company; and Sealsource International, LLC, a Utah limited liability company, Defendants-Appellants.

Supreme Court of Idaho, Rexburg, May 2018 Term.

Filed: July 30, 2018.


Attorney(s) appearing for the Case

Bennett Tueller Johnson & Deere, Salt Lake City, Utah, for appellant. Daniel K. Brough argued.

Holland & Hart, LLP, Boise, for respondent. A. Dean Bennett argued.


This appeal involves the district court's denial of a jury trial under Rule 39(b) of the Idaho Rules of Civil Procedure and the decision to pierce the corporate veil. The dispute arises out of a transaction between Kym Nelson, who acted on behalf of KDN Management Inc., ("KDN"), and WinCo, Foods, LLC ("WinCo"), for concrete floor...

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