Little v. Atkinson

LEWIS, Judge.

Plaintiffs brought this civil action on 5 June 1998, alleging “infliction of emotional distress” and “gross negligence” claims against the City of Gastonia and three of its employees, officers of the Gastonia Police Department. On 3 November 1998, the trial court granted defendants’ 12(b)(6) motion to dismiss all claims based on the public duty doctrine. As such, our review must determine “whether, as a matter of law, the allegations of the complaint, treated as true, are sufficient to state a claim upon which relief may be granted under some legal theory.” Harris v. NCNB, 85…