Legal Opinion
Sorrells v. M.Y.B. Hospitality Ventures of Asheville
Court of Appeals of North Carolina
Decided March 17, 1992No. 9130SC184PublishedCited by 3 opinions
1Opinion of the Court
EAGLES, Judge.
The sole issue before us is whether the trial court erred by granting the defendant’s motion to dismiss. We hold that the trial court did err and accordingly we reverse.
The essential question in considering the appropriateness of a Rule 12(b)(6) motion is whether the complaint, when liberally construed and taken to be true, states a claim upon which relief can be granted. See Barnaby v. Boardman, 70 N.C. App. 299, 302, 318 S.E.2d 907, 909 (1984), rev’d on other grounds, 313 N.C. 565, 330 S.E.2d 600 (1985); and Peele v. Provident Mut. Life Ins. Co., 90 N.C. App. 447, 449, 368…
2Cases cited10 opinions
- Foster v. . HymanSupreme Court of North Carolina · 1929
- Robinson v. Seaboard System RR, Inc.Court of Appeals of North Carolina · 1987
- Barnaby v. BoardmanSupreme Court of North Carolina · 1985
- Barnaby v. BoardmanCourt of Appeals of North Carolina · 1984
- Fry v. Southern Public Utilities Co.Supreme Court of North Carolina · 1922
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3Cited by3 opinions
- Horne v. Owens-Corning Fiberglas Corp.Court of Appeals for the Fourth Circuit · 1993
- Sorrells v. M.Y.B. Hospitality VenturesSupreme Court of North Carolina · 1992
- prod.liab.rep.(cch)p 13,625 Linda P. Horne, of the Estate of Benny Gerald Horne, and Benny Gerald Horne v. Owens-Corning Fiberglas Corporation, a Delaware Corporation, and Ac & S, Incorporated, a Pennsylvania Corporation Amchem Products, Incorporated the Celotex Corporation, Individually and as Successor Manufacturing Company, Philip Carey Corporation, Panacon Corporation, Glen Alden Corporation, Rapid American Corporation, Briggs Manufacturing Company, and Smith and Kanzler, a Delaware Corporation C.E. Thurston & Sons, a Virginia Corporation Combustion Engineering, Incorporated Crown Cork & Seal Company, Incorporated, Individually and as Successor in Interest to Mundet Cork Corporation, a New York Corporation Eagle-Picher Industries, Incorporated, an Ohio Corporation Flintkote Company, a Massachusetts Corporation Fireboard Corporation, Pabco Industrial Products Division, a Delawarecorporation Gaf Corporation, a Delaware Corporation W.R. Grace & Company, a Connecticut Corporation A.P. Greene Refractories Company Keene Corporation, Individually and as Successor in Interest to Keene Building Products Corporation, Keene Insulation Products Corporation, Ehret-Magnesia Manufacturing Company, Baldwin-Ehret-Hill, Incorporated, Baldwin-Hill Company, and Mundet Cork Corporation, a New York Corporation National Gypsum Company, a Delaware Corporation Owens-Illinois, Incorporated, an Ohio Corporation Pittsburgh-Corning Corporation, Individually and as Successor in Interest to Union Asbestos and Rubber Company (Unarco), a Pennsylvania Corporation H.K. Porter Company, Incorporated, Individually and as Successor in Interest to Southern Asbestos, Carolina Asbestos, Thermoid and Tullman-Mccluskey, a Delaware Corporation Raymark Industries, Incorporated, Successor in Interest to Raybestos-Manhattan, Incorporated Rock Wool Manufacturing Company, Incorporated, an Alabama Corporation Turner & Newall, P.L.C., Individually and as Alter Ego of Keasby & Mattison United States Gypsum Company, Inc. Armstrong World Industries, Incorporated, Formerly Known as Armstrong Cork Company, a Pennsylvania Corporation, General Refractories/grefco, Incorporated, U.S. Refractories Division, and Third Party v. Manville Corporation Asbestos Disease Compensation Fund, Third PartyCourt of Appeals for the Third Circuit · 1993