Blanton v. Moses H. Cone Memorial Hospital, Inc.

WEBB, Justice.

The question on this appeal is whether it was error for the superior court to allow the defendant’s motion to dismiss pursuant to N.C.G.S. § 1A-1, Rule 12(b)(6). We hold it was error and affirm the decision of the Court of Appeals.

In the Court of Appeals the focus of the parties’ briefs and the court’s opinion was on whether Bost v. Riley, 44 N.C. App. 638, 262 S.E. 2d 391, cert. denied, 300 N.C. 194, 269 S.E. 2d 621 (1980) applies retroactively. The Court of Appeals held that it does.

In this Court the appellant argues in addition to its argument on the retroactive application…