Cobrae
Tire Distributors, Inc. v. Cobrae
Opinion
lead Opinion
Rubin, J.
Plaintiff Tire Distributors, Inc., appeals from the grant of summary judgment in favor of defendant Gary R. Cobrae after the court vacated plaintiff’s earlier dismissal of defendant. For the reasons set forth, post, we reverse both the order vacating the dismissal and the concomitant summary judgment and remand with directions to reinstate the dismissal.
FACTS AND PROCEDURAL HISTORY
In August 2000, Tire Distributors, Inc. (TDI), hired A-Line Construction, Inc. (A-Line) to design and install a fire protection system and other fire safety related devices in a building that TDI owned in Boise, Idaho. Paul Resnick is the president of TDI. Resnick’s son-in-law, Darren Cobrae, is the president of A-Line. Gary Cobrae is Darren Cobrae’s father. 1 In April 2001, TDI sued A-Line for breach of contract and fraud, contending that the work performed by A-Line was inadequate and incomplete. The Cobraes were also named as defendants, primarily on an alter ego theory of liability. A-Line responded with a cross-complaint against TDI for breach of contract and a common count of quantum meruit.
On December 27, 2002, Darren was visiting at Resnick’s home. During that visit, the two men…