DeCaprio v. Gas & Oil, Inc., 2012 Ohio 5866

In 2003, Gas & Oil, Inc. employee Bibey delivered heating oil to the wrong address, spilling about 250 gallons into the DeCaprios’ basement where no receptacle existed.
The DeCaprios sued Gas & Oil, Inc., Bibey, and Joseph Moneskey for trespass and gross negligence; Western Reserve Mutual filed a subrogation claim; the cases were consolidated.
The trial court granted Western Reserve summary judgment against Gas & Oil, Inc. and Bibey, and denied piercing the corporate veil against Moneskey, but awarded Western Reserve damages.
Gas & Oil, Inc. filed Chapter 11 bankruptcy, stayed the proceedings; the DeCaprios dismissed against the corporation but reinstated against Moneskey; the trial court made findings on veil piercing.
On remand, the trial court reinstated against Moneskey; the DeCaprios moved for summary judgment on personal liability; Moneskey cross-moved; the court denied the DeCaprios’ motion and granted Moneskey’s cross-motion.
This court reviews summary judgment de novo and applies Civ.R. 56 standards; the core issue is whether the Belvedere veil-piercing test is satisfied as to Moneskey.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the corporate veil should be pierced	DeCaprios: Moneskey controlled Gas & Oil, Inc.; undercapitalization and lack of insurance show control	Moneskey: no evidence Gas & Oil, Inc. is indistinguishable or undercapitalized to meet Belvedere	No; first prong unmet, veil not pierced; judgment for Moneskey affirmed

Belvedere Condominium Unit Owners’ Assn. v. R.E. Roark Cos., Inc., 67 Ohio St.3d 274 (1993) (three-prong Belvedere test for piercing the corporate veil; altered second prong in Dombroski)
Dombroski v. Wellpoint, Inc., 119 Ohio St.3d 506 (2008) (modifies Belvedere second prong to require egregious conduct; cautions narrow application)
LeRoux’s Billyle Supper Club v. Ma, 77 Ohio App.3d 417 (1991) (discusses first prong (alter ego) factors for piercing)