Wick v. Eismann ( 1992 )

BAKES, Chief Justice,

dissenting:

The basis of Wick’s remaining legal malpractice claim is the failure of the respondent to take action for the corporation, not a failure to act for Wick in his status as an individual. The damages sought by Wick arose from Eismann’s alleged failure to file the required corporate reports and documents with the Secretary of State, which resulted in a forfeiture of NSI’s corporate status, and for his failure to file the notice of claim form sent by the liquidator of Market, which resulted in NSI losing priority against Market in the liquidation proceedings. These claims belong to NSI, the corporation, and do not inure to Wick in his individual capacity. The record clearly established that NSI’s corporate charter was forfeited and has never been reinstated, and thus it has no capacity.to sue. I.C. § 30-1-135. Merely because he was a director and owner of some of the stock does not make the corporation’s claims his personal claims. The trial court did not err in dismissing Wick’s complaint.