What rules make fraioli liable or not liable and why

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A vehicle driven by Michael O'Niell crashed while traveling on Louisiana Highway 30. Vanessa Savoy, a 19-year-old guest passenger in the vehicle, sustained severe injuries as a result of the collision. O'Niell, who was under the legal drinking age, had been drinking at Fred's Bar and Grill prior to the accident. Fred's Bar is owned by Triumvirate of Baton Rouge, Inc., a corporation. Marc Fraioli is the sole shareholder and president of Triumvirate. Savoy, through a legal representative, brought a lawsuit against O'Niell, O'Niell's automobile insurance company, Triumvirate, and Fraioli seeking damages for her injuries. Fraioli filed a Motion for Summary Judgment asserting that as a shareholder of Triumvirate Corporation, he was not liable for the corporation's debt. So was it ethical for Fraioli to assert the corporate shield to avoid liability in this case. Releasing Fraioli from liability will not release Triumvirate from its liability.

Should Fraioli be liable in the facts above? Why or why not? What rules make Fraioli liable or not liable and why?

Reference no: EM132345066

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