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Southern Intermodal Logistics Inc. v. D. J. Powers Co. Inc.

A jury question remained as to when plaintiff discovered or should have discovered its injury from the defendants' alleged wrongful conduct.

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Southern Intermodal Logistics, Inc. “Southern”, an interstate motor carrier which ceased operations in 1994, filed this action under the Georgia Racketeer Influenced & Corrupt Organizations Act “RICO”, OCGA § 16-14-1 et seq., against D. J. Powers Company, Inc. “Powers”, a customs house broker. Southern alleged that Powers attempted to extort illegal “commissions” from Southern for hauling K-Mart’s imported container freight from Savannah to various inland distribution facilities. When Southern refused to pay, Powers allegedly embarked on a scheme to coerce K-Mart to replace Southern, and it ultimately lost the account. The trial court granted summary judgment to Powers, ruling that the five-year statute of limitation for civil RICO claims, OCGA § 16-14-8, had expired. For the reasons that follow, we reverse.

This is a renewal action. A complete and detailed recitation of the underlying facts may be found in an order issued by the federal district court in the predecessor litigation. Southern Intermodal Logistics, Inc. v. Powers et al., 10 F. Supp. 2d 1337 S. D. Ga. 1998. Construed most favorably to the non-movant, the evidence reveals the following. At all times relevant to this action, K-Mart imported merchandise from the Far East in containers shipped by The Yang Ming Line, a foreign steamship company. Yang Ming’s general agent in the United States was Solar International Shipping Agency Inc. “Solar”. In Savannah, Yang Ming was represented by the Carolina Shipping Company “Carolina”.

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