Gaskin v. JS PROCTER COMPANY, LLC

STROUD, Judge.

Plaintiffs appeal from the order dismissing their complaint with prejudice pursuant to Rule 12(b)(6) for failure to state a claim upon which relief may be granted. The dispositive question is whether a limited partner can bring suit in his personal capacity for injuries to the partnership when he does not sufficiently allege a special duty or a separate and distinct injury. Because we conclude that he cannot, we affirm.

I. Background

Plaintiffs’ complaint, which must be “taken as true” at this stage of the proceedings, Rowlette v. State, 188 N.C. App. 712, 714, 656 S.E.2d 619,…