Reid v. Roberts

ARNOLD, Chief Judge.

The sole issue is whether or not plaintiff’s complaint states a cause of action for negligence against sixteen state employees in their individual capacities. For the reasons stated below, we affirm.

The test on a Rule 12(b)(6) motion is whether or not the complaint is legally sufficient. Tennessee v. Environmental Management Comm’n, 78 N.C. App. 763, 765, 338 S.E.2d 781, 782 (1986). In ruling upon such motion, the trial court must view the allegations of the complaint as admitted and on that basis must determine as a matter of law whether or not the allegations state a…