Plaintiff brought this suit against his employer, White Lift of Dalton, Inc., and Robert Shewell, the sole shareholder and officer of the corporation, to recover damages allegedly caused by defendants' negligent failure to purchase workmen's compensation insurance. This suit was brought after plaintiff's unsuccessful attempt to collect the amounts awarded to him by a workmen's compensation administrative law judge for a work-related injury. On its own motion, the superior court dismissed the complaint for failure to state a claim upon which relief could be granted. Held: