Winters v. Lee

JOHN, Judge.

Plaintiff contends the trial court erred by granting defendant’s motion to dismiss under N.C.R. Civ. P. 12(b)(6). We disagree.

Plaintiff’s complaint contained the following allegations: on 22 September 1989, Randy Cable (Randy) cut plaintiff with a knife 37 times. Defendant is the grandmother of Randy and at the time of the incident, Randy was living with defendant. Defendant knew Randy was “intoxicated,” “visibly emotionally disturbed,” and “had a history of committing acts of violence” against plaintiff. Paragraph 11 accuses defendant of the following acts of negligence:

a. The…