Dockery v. Lampart Table Co.

MITCHELL, Judge.

The sole question before us is whether the plaintiff’s complaint sets forth a claim upon which relief can be granted and was, therefore, improperly dismissed. As the defendant made the motion to dismiss pursuant to G.S. 1A-1, Rule 12(b)(6), for failure to state a claim upon which relief can be granted, the allegations of the complaint must be taken as true for purposes of this appeal. Smith v. Ford Motor Co., 289 N.C. 71, 80, 221 S.E. 2d 282, 288, 79 A.L.R. 3d 651, 662 (1976); Mazzucco v. Board of Medical Examiners, 31 N.C. App. 47, 50, 228 S.E. 2d 529, 532, appeal dismissed,…