Gardner v. Gardner

WELLS, Judge.

We begin and close our review of this appeal, as we must, by revisiting Johnson v. Ruark Obstetrics, 89 N.C. App. 154, 365 S.E.2d 909 (1988), modified and affirmed, 327 N.C. 283, 395 S.E.2d 85 (1990).

In Ruark, plaintiff mother and father’s claim for severe emotional distress were grounded in the events surrounding the death of their full-term child immediately before delivery. The case came to this Court on appeal from the trial court’s order allowing defend*637ant’s N.C. Rules of Civil Procedure 12(b)(6) motion for failure to state a claim. After a careful and lengthy analysis of…