Paula Deen's Testimony May Also Have Some of the Ingredients for an Alter Ego Theory of Liability
Yesterday, we observed that Paula Deen’s deposition testimony in the case filed by Lisa Jackson may be used to prove that one or more companies owned by Deen must pay for Jackson’s damages resulting from assault and battery by Deen’s brother, Earl “Bubba” Heirs, assuming that Jackson proves assault and battery. We said that, if Heirs worked for the companies, and the companies knew of Heirs’ misconduct and either expressly adopted it or implicitly approved of it, then the companies could be found vicariously liable based on a theory of ratification. But what if Heirs only worked for one of the companies? If Heirs is found liable, could the other companies also be found liable? They could, based on a theory of alter ego, and Deen’s testimony may be helpful in supporting the theory.