Mabry v. Huneycutt

HUNTER, Judge.

Ralph Warren Mabry, Sr. (“plaintiff’) appeals the trial court’s 9 April 2001 order dismissing this action as barred by the applicable statute of limitations. We hold that this action is not barred by the applicable statute of limitations, and we therefore reverse and remand for further proceedings.

*632In reviewing the grant of a motion to dismiss pursuant to Rule 12(b)(6) of the North Carolina Rules of Civil Procedure (“Rule 12(b)(6)”), the allegations in the complaint are treated as true. Cage v. Colonial Building Co., 337 N.C. 682, 683, 448 S.E.2d 115, 116 (1994). Plaintiff’s…