Black v. Littlejohn

312 S.E.2d 909 (1984)

Sharon Benson BLACK

v.

T.W. LITTLEJOHN, Sr., M.D.

No. 8321SC181.

Court of Appeals of North Carolina.

March 20, 1984.

Badgett, Calaway, Phillips, Davis, Stephens, Peed & Brown by Herman L. Stephens, Winston-Salem, for plaintiff-appellant.

Petree, Stockton, Robinson, Vaughn, Glaze & Maready by J. Robert Elster and Michael L. Robinson, Winston-Salem, for defendant-appellee.

WEBB, Judge.

Defendant's motion to dismiss the complaint was properly allowed under G.S. 1A-1, Rule 12(b)(6) if the complaint has pled a fact that will necessarily defeat its claim. See Powell v. County of…