Regan v. Amerimark Building Products, Inc.

LEWIS, Judge.

Plaintiff appeals from the trial court’s dismissal of his case for failure to state a claim upon which relief could be granted. N.C.G.S. § 1A-1, Rule 12(b)(6) (1990). The issues on appeal are whether plaintiff has stated a claim against the defendant employer based on Woodson v. Rowland, 329 N.C. 330, 407 S.E.2d 222 (1991) or against the defendant co-employees based on Pleasant v. Johnson, 312 N.C. 710, 325 S.E.2d 244 (1985), and whether plaintiffs complaint is sufficient to state a claim for punitive damages.

For the purposes of reviewing a Rule 12(b)(6) motion to dismiss, the…