American Advertising & Sales Co. v. Mid-Western Transport

Plaintiff “American” appeals from an order dismissing its first amended complaint following a summary judgment in favor of defendant “Mid-Western” and from an order denying plaintiff’s motion to file a second amended complaint.

Robert Walters is the principal stockholder in several corporations engaged in the trucking business. Among them are American Advertising and Sales Company, (American) and National Carrier Service (National). Walters owns the majority of the stock in American and American owns all of the stock in National. Walters is president of both companies and operates both companies out of a common office. Separate records are kept for both companies. National is licensed as a motor transportation broker by the Interstate Commerce Commission (ICC); American is not.

In a complaint verified by Walters, American sued defendant Mid-Western Transport (Mid-Western). Mid-Western demurred on the ground, inter alia, that the complaint did not allege that American was an ICC licensed motor transportation broker. In response to this demurrer, American filed a first amended complaint, also verified by Walters, alleging that American “is, and at all times herein…