Braun v. Glade Valley School, Inc.

EAGLES, Judge.

I

Plaintiff first assigns as error that the trial court committed reversible error by dismissing plaintiffs second and third causes of action. We disagree.

A motion to dismiss under Rule 12(b)(6) is the usual and customary method of testing the legal sufficiency of the complaint. Stanback v. Stanback, 297 N.C. 181, 254 S.E. 2d 611 (1979). The facts pleaded in the complaint are the determining factors in deciding whether the complaint states a claim upon which relief can be granted. W. Shuford, North Carolina Civil Practice and Procedure Section 12-10 (1981). The legal theory set…