Cox v. Jefferson-Pilot Fire & Casualty Co.

WELLS, Judge.

In his complaint, plaintiff did not identify any specific claim for relief. In his brief, he contends that he has sufficiently alleged claims for abuse of process and intentional infliction of emotional distress. We agree that the complaint is sufficient for the abuse of process claim. However, under the test established by our Supreme Court in Stanback v. Stanback, 297 N.C. 181, 254 S.E. 2d 611 (1979) and Dickens v. Puryear, 302 N.C. 437, 276 S.E. 2d 325 (1981), we hold that plaintiff has not sufficiently alleged — and that the forecast of evidence before the trial court does…