Warren v. Halifax County

HEDRICK, Chief Judge.

The one question presented on this appeal is whether the trial court erred by dismissing the action for failure to state a claim for which relief could be granted pursuant to Rule 12(b)(6). In ruling on a motion pursuant to Rule 12(b)(6) the allegations of the complaint must be viewed as admitted, and on that basis the court must determine as a matter of law whether the allegations state a claim for which relief can be granted. Stanback v. Stanback, 297 N.C. 181, 254 S.E. 2d 611 (1979). Generally, a complaint should not be dismissed for insufficiency unless it appears, to…