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Micciche v. Billings

727 P.2d 367 (1986)

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Micciche v. Billings

Colorado Supreme Court
727 P.2d 367 (1986)

Facts

Joe Micciche (defendant) was one of three shareholders of Colorado-incorporated Mountain States Welding and Sheetmetal, Inc. (Mountain). Micciche also was Mountain’s vice president. In 1979, Colorado suspended Mountain from conducting business in the state due to Mountain’s failure to file a required corporate report, but Mountain continued to do business in Colorado, anyway. David Billings (plaintiff) was a Mountain employee in Colorado. In 1980, Billings was injured while working for Mountain, leading to Billings winning a workers’-compensation award against Mountain. Upon learning of Mountain’s suspension, Billings moved to reopen his workers’-compensation case to impose personal liability on Micciche. The workers’-compensation officer determined that Micciche was personally liable to Billings due to Mountain’s suspension. The Industrial Commission reversed, ruling that (1) Mountain’s suspension did not extinguish Mountain as a corporation and that Micciche thus was not personally liable and (2) Micciche might be personally liable to Billings under a corporate-veil-piercing theory. Both Micciche and Billings appealed to the court of appeals, which ruled that Micciche was personally liable. Micciche appealed.

Rule of Law

Issue

Holding and Reasoning (Quinn, C.J.)

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