Monti v. United Services Automobile Ass'n

ARNOLD, Judge.

The sole issue here is whether the trial court erred in dismissing plaintiff’s complaint for failure to state a claim under Rule 12(b)(6). A motion to dismiss under Rule 12(b)(6) “should not be allowed unless the complaint affirmatively shows that plaintiff has no cause of action.” Estridge v. Ford Motor Co., 101 N.C. App. 716, 718, 401 S.E.2d 85, 86, disc. review denied, 329 N.C. 267, 404 S.E.2d 867 (1991). A Rule 12(b)(6) motion “generally tests the legal sufficiency of the complaint: Has the pleader given notice of such facts as will, if true, support a claim for relief under…