persons for damages that result because of an injury to the corporation unless a special injury exists in the form of either: (1) a special duty, such as a contractual duty, between the defendant and the shareholder; or (2) an injury separate and distinct from that suffered by other shareholders. Healthsource, Inc., 2005-NMCA-097, ¶ 25, 138 N.M. 70, 116 P.3d 861; Marchman, 120 N.M. at 81-82, 898 P.2d at 716-17. {14} Defendants argue that Marchman and Healthsource, Inc. are controlling and that Plaintiff lacks standing because neither exception applies. Furthermore, Defendants argue that, to the extent Plaintiff alleges mismanagement or negligence, these claims may also be asserted only derivatively. See Schwartzman v. Schwartzman Packing Co., 99 N.M. 436, 441, 659 P.2d 888, 893 (1983) (<HOLDING>). The district court agreed, and dismissed
recognizing privilege for corporate officers directors and shareholders to influence the actions of their corporation holding that claims of corporation vest in corporation holding that the trust fund and denuding theories of recovery were considered to belong to the debtor corporation because each action was created for the benefit of the corporation ie to vindicate injury to the corporation caused by improper actions by control persons holding that a corporate plaintiffs claims must be dismissed on the ground of failure of any attorney to appear for the corporation holding that claims against corporate officers for mismanagement belong to the corporation