Ford v. Peaches Entertainment Corp.

WEBB, Judge.

The sole question presented by this appeal is whether the trial court properly allowed the defendants’ motions to dismiss. The plaintiffs argue that the court incorrectly concluded that the defendants’ negligence was not a proximate cause of this accident. We cannot agree.

A motion to dismiss for failure to state a claim upon which relief may be granted under G.S. 1A-1, Rule 12(b)(6) is addressed to whether the facts alleged in the complaint, when viewed in the light most favorable to the plaintiffs, give rise to a claim for relief on any theory. Brewer v. Hatcher, 52 N.C. App.…