Cash v. State Farm Mutual Automobile Insurance

HUNTER, Judge.

Ted F. Cash (“plaintiff’) appeals the granting by the trial court of motions by State Farm Mutual Automobile Insurance Company (“State Farm”) to dismiss for failure to state a claim for which relief may be granted and for judgment on the pleadings, pursuant to Rule 12(b)(6) and Rule 12(c), respectively, of the North Carolina Rules of Civil Procedure. We affirm.

Plaintiff’s pleadings indicate that he was driving his 1969 GMC truck on 26 December 1993 when he backed into a 1978 Chevrolet Camaro (“Camaro”). Plaintiff alleges that he was traveling at approximately one mile per hour…