Black v. Littlejohn

WEBB, Judge.

Defendant’s motion to dismiss the complaint was properly allowed under G.S. 1A-1, Rule 12(b)(6) if the complaint has pled a fact that will necessarily defeat its claim. See Powell v. County of Haywood, 15 N.C. App. 109, 189 S.E. 2d 785 (1972). Defendant argues that the complaint shows on its face that plaintiffs cause of action accrued more than three years prior to the institution of this action and is thus barred by G.S. 145(c). That statute provides as follows, in pertinent part:

“(c) Except where otherwise provided by statute, a cause of action for malpractice arising out of…