Lane v. Winn-Dixie Charlotte, Inc.

BRYANT, Judge.

Larry Russell Lane and Julia Ann Chambers Lane (plaintiffs) appeal an order signed 23 March 2004, granting Winn-Dixie Charlotte, Inc.’s (defendant’s) motion to dismiss the complaint pursuant to N.C. Gen. Stat. § 1A-1, Rule 12(b)(4) and 12(b)(5).

Plaintiffs filed their complaint on 13 November 2002, alleging that plaintiff-husband sustained injuries on 8 December 1999, when he fell on defendant’s premises. A summons was issued naming Winn-Dixie Charlotte, Inc. as defendant, and was addressed to 2401 Nevada Boulevard, Charlotte, North Carolina 28273. The summons failed to designate…