In this personal injury suit filed by an alleged invitee after an injury received at an industrial work site, Janene Cordell appeals the trial court’s grant of summary judgment in favor of American Weavers,1 contending that the trial court erred by finding that, at the time that Cordell filed her lawsuit, American Weavers had legally merged into another corporation and no longer existed as a legal entity. See OCGA § § 14-2-1105; 14-2-1106. For the reasons set forth below, we affirm. Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. OCGA § 9-11-56 c. A de novo standard of review applies to an appeal from a grant of summary judgment, and we view the evidence, and all reasonable conclusions and inferences drawn from it, in the light most favorable to the nonmovant. Matjoulis v. Integon Gen. Ins. Corp .2 Viewed in this light, the record shows that, on August 10, 1998, American Weavers entered into a purchase agreement with Aladdin Manufacturing Corporation, a Tennessee corporation, whereby Aladdin agreed to purchase American Weavers. On November 8, 1999, Cordell was seriously injured by a forklift while on the work site at American Weavers. In December 1999, American Weavers was merged into Aladdin, and a certificate of merger was filed with and accepted by the Tennessee Secretary of State on December 16, 1999. Almost two years after this merger, on October 19, 2001, Cordell filed suit against American Weavers to recover for her damages. Then, on May 20, 2003, Cordell filed an amended complaint against American Weavers, and, on July 30, 2003, Cordell finally had Aladdin joined as a party pursuant to a consent order.
On October 1, 2003, the trial court conducted a hearing to consider a motion for summary judgment filed by American Weavers. Cordell did not attend this hearing, contending that her notice must have been lost in the mail. Cordell does not include a transcript of this hearing for our consideration on appeal. Following this hearing, on October 20, 2003, the trial court granted summary judgment to American Weavers, finding that it was “no longer a viable legal entity as a result of its merger.” Cordell now appeals this ruling.
