Crouse v. Woodruff

VAUGHN, Judge.

The sole question before us is whether the court erred in allowing defendants’ motion to dismiss the complaint. We conclude that the court did not err because an insurmountable bar to recovery, contributory negligence as a matter of law, appears on the face of the complaint.

The general rule is that a complaint should not be dismissed “unless it appears to a certainty that plaintiff is entitled to no relief under any state of facts which could be proved in support of the claim.’’ Sutton v. Duke, 277 N.C. 94, 103, 176 S.E. 2d 161, 166 (1970) (citing Moore’s Federal Practice §…