Mosteller v. Duke Energy Corp.

STROUD, Judge.

Alicia Danielle Mosteller (“plaintiff’) was seriously injured when the car in which she was a passenger ran off of the roadway to avoid an oncoming vehicle and hit a utility pole located within the right of way. She filed a complaint alleging negligence against both defendant William Ray Walker, the driver, and defendant Duke Energy and negligence per se against defendant Duke Energy. The trial court dismissed her complaint with prejudice pursuant to Rulel2(b)(6) for failure to state a claim upon which relief may be granted. The issue on appeal is whether plaintiff’s complaint…