Lula Fanning, as Guardian of Eva Jackson, a Physically and Mentally Incapacitated Adult, Plaintiff/appellant, V…

Summary

The court held that individual shareholders of the corporation operating the nursing facility were not "owners" subject to direct liability under the Nursing Home Care Act merely because they could profit or lose from the facility's financial success. It nevertheless held that the petition adequately pleaded a claim to disregard the corporate veil and that dismissal of the remaining negligence and contract theories was improper, or alternatively required leave to amend. The Court of Civil Appeals' opinion was vacated, and the trial court's judgment was affirmed in part, reversed in part, and remanded.