ESTATE OF DAN STEPHEN PITSENBERGER V. DENNIS DEAN AND GLENDA DEAN - Articles

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Posted by: Tanja Trezise on May 1, 2013

Court: TN Court of Appeals

Attorneys 1:

Trippe Steven Fried, New York, N.Y., for the appellants, Dennis Dean and Glenda Dean.

Attorneys 2:

Keith Cameron Dennen and William Joseph Haynes, III, Nashville, Tennessee, for the appellee, Mary Kelly Pitsenberger, as Executrix of the Estate of Dan Stephen Pitsenberger.

Judge(s): COTTRELL

Executrix of an estate filed a complaint against the officers of a corporation in an effort to pierce the corporate veil and recover a debt she alleges is due from the corporation to the estate of her late husband. The trial court granted her motion for summary judgment and awarded her a $52,000 judgment. The individuals appealed, asserting genuine issues of material fact should have precluded the trial court’s award. We conclude the trial court erred in awarding damages at the summary judgment stage because material facts are in dispute regarding whether a debt actually exists and regarding the amount of money that is at issue.