Sharp v. CSX Transportation, Inc.

GEER, Judge.

In this appeal, appellant Dawn Sharp asks us to reverse the trial court’s order granting defendants’ motion to dismiss. Defendants have contended that dismissal is appropriate because the complaint establishes contributory negligence as a matter of law. Applying the standards governing a motion to dismiss under Rule 12(b)(6) of the *242North Carolina Rules of Civil Procedure, we hold that the allegations of the complaint, taken as true, do not necessarily dictate a finding of contributory negligence and, therefore, we reverse.

Plaintiff’s complaint alleges the following facts. On 17…