Being sued for negligence for dissolved LLC

[newday365]

I am a member of a dissolved LLC. A person says he was injured at my establishment. He was found on the ground, temporarily unconcious, out front of the establishment on a public sidewalk by his friend that he was walking with. It was a busy night with a big street party that the city put on. He is claiming that he came into the restaurant/bar and when he left he was punched. This was almost 4 years ago. His statute of limitations is about to run out. The LLC was dissovled one year ago- business was sold. He filed a claim 4/30/09 against the business and because I am the only officer on the documents, there have been attempts to serve me papers. So far, I have avoided getting them, just because I am not home.
1. Can I get in trouble for avoidance?
2. Can I be sued for negligence-
3. Can he sue a dissovled LLC?
4. Can he bring case to court without a memeber of the LLC?
5. How long does he have to pursue this case- since he obviously entered documents at the end of the limiations?
Thank you

 

[dee_dub]

I believe you mean to say "I was formerly a member of an LLC that is now dissolved".

When you say "you were a member of an LLC", what do you mean? How were you a member? You were a shareholder, a director, an employee?

In answer to your questions,

Yes, you can get in trouble if you are actively avoiding service. Most likely what will happen is the plaintiff will get a "nail and mail" order allowing them to serve you other than in person.

Yes, you can be sued for negligence. Whether the plaintiff will succeed is anybody's guess. I can't imagine why you would be liable in negligence for the intentional assault of someone else, but maybe you served them too much alcohol or something. That's up to the judge to decide.

Yes, a dissolved corporation can be sued. It will need to be revived. The person suing will likely need to convince a judge to revive the corp for purposes of the lawsuit. I'm not sure how much of a threat this is - presumably the corp was dissolved and its assets dissipated to the owners in the normal course. The corp has no assets. And you're protected by limited liability. So what if the corp gets suied?

I'm not sure why you think he would need to be a member of the LLC to sue. People sue LLCs all the time.

If he sued within the limitation period, he's got as long as he needs to actually pursue the lawsuit now that it is launched. If he is extreeeeemely slow, the LLC might apply to have the suit struck for lack of prosecution (or whatever term you use in your jurisdiction).

 

[Sumson]

injury

There are many types of harm which the injured person can suffer: financial harm, including the loss of earnings, medical and other expenses; waste of years (advanced standing)