GC Quality Lubricants Inc. v. Doherty, Duggan & Rouse Insurors

The plaintiff, as an administratively dissolved corporation on July 9, 2008, was not competent to initiate this negligence action for electrical storm damage to its property, after O.C.G.A. § 14-2-1410's 2-year survival period for asserting claims of dissolved corporations elapsed.

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GC Quality Lubricants, Inc. “GC”, appeals the trial court’s grant of summary judgment to Doherty, Duggan & Rouse Insurors, Underwriters of Lloyd’s, London, and Georgia Power Company collectively “the Defendants” in GC’s action for electrical storm damage to GC’s property as a result of the alleged negligence of the Defendants. The trial court determined that at the time of filing, GC did not have capacity to bring the suit. For the reasons that follow, we affirm. “On appeal from a grant or denial of a motion for summary judgment, we review the evidence de novo, viewing it in the light most favorable to the nonmovant, to determine whether a genuine issue of fact remains and whether the moving party is entitled to judgment as a matter of law.”1

The record before us reveals that on February 11, 2005, GC alleged that an electrical storm damaged its office equipment. On July 9, 2005, the Secretary of State of Georgia administratively dissolved GC for failing to pay corporate dues, pursuant to OCGA § 14-2-1420. Several years later, on February 15, 2008, GC filed suit claiming that it was a Georgia corporation and that the Defendants were liable in various capacities to pay for the damaged equipment. In March 2008, the Defendants answered and moved for summary judgment, arguing that because GC had been administratively dissolved on July 9, 2005, the two-year survival statute for asserting the claims of a dissolved corporation under OCGA § 14-2-1410 had run as of July 9, 2007. In April 2009, GC applied for reinstatement of a dissolved corporation with the Secretary of State, which the Secretary granted on April 28, 2009.

GC Quality Lubricants Inc. v. Doherty, Duggan & Rouse Insurors

The plaintiff, as an administratively dissolved corporation on July 9, 2008, was not competent to initiate this negligence action for electrical storm damage to its property, after O.C.G.A. § 14-2-1410's 2-year survival period for asserting claims of dissolved corporations elapsed.

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