Aycock v. Padgett

LEWIS, Judge.

Plaintiff filed a complaint on 10 February 1998 in response to allegedly defamatory comments made by defendant Padgett (“Padgett”) at a public meeting of the Black Mountain Board of Aldermen (“the Board”) on or about 13 October 1997. Defendants John Doe and Jane Doe were named as conspirators whose identities were to be revealed through discovery. Plaintiff was unable to complete discovery because on 20 May 1998, the trial court granted Padgett’s motion to dismiss pursuant to Rule 12(b)(6) of the North Carolina Rules of Civil Procedure.

The factual background of this case is…