Lane v. City of Kinston

TYSON, Judge.

Plaintiff, Carl Jeffrey Lane (“Lane”), appeals the trial court’s order dismissing his complaint against defendants City of Kinston (“City”) and Stephen L. Thompson (“Thompson”) for failure to state a claim upon which relief may be granted. We affirm the trial court’s dismissal of Lane’s action for the reasons stated below.

On 13 September 1999, Lane filed a complaint seeking damages for defendants’ negligence. Lane filed an amended complaint on 28 September 1999. The amended complaint alleged, in relevant part, that lane was walking southward on Queen Street in Kinston, North…