Hill v. Perkins

JOHNSON, Judge.

Defendant first assigns as error the trial court’s denial of his Rule 12(b)(6), N.C. Rules Civ. P. motion to dismiss plaintiffs’ complaint for failure to state a claim upon which relief may be granted. We find error in the trial court’s denial of defendant’s motion to dismiss.

The test on a motion to dismiss for failure to state a claim upon which relief may be granted is whether the pleading, when liberally construed, is legally sufficient. E.g., Fowler v. Williamson, 39 N.C. App. 715, 251 S.E. 2d 889 (1979). In order for plaintiffs’ complaint to have withstood defendant’s…