Bailey v. Handee Hugo's, Inc.

McCullough, Judge.

Richard W. Bailey (plaintiff) appeals from order denying his motion to amend to add a new party, dismissing for failure to join a necessary party pursuant to N.C. Gen. Stat. § 1A-1, Rule 12(b)(7) (2003) and pursuant to N.C. Gen. Stat. § 1A-1, Rule 12(b)(6). We affirm.

Facts

Bailey alleged that he was injured in a slip and fall at the Handee Hugo’s, Inc. (Handee Hugo’s), convenience store located at 3220 Duraleigh Road in Raleigh, North Carolina. After the fall, Bailey was contacted by an independent adjusting company regarding his fall who indicated that they represented…