Legal Opinion · Concurrence

Turner v. Thomas

Supreme Court of North Carolina

Decided December 21, 2016No. 319PA14Published

1ConcurrenceJustice Ervin

Although I concur in the Court’s decision with respect to plaintiff’s intentional infliction of emotional distress claim and in the Court’s determination that plaintiff has failed to sufficiently state a malicious prosecution claim in his complaint, I am unable to agree with the logic that the Court has employed in upholding the dismissal of plaintiff’s malicious *430prosecution claim. As a result, I concur in the Court’s opinion, in part, and concur in the result reached by the Court, in part.

In determining that plaintiff’s complaint fails to state a malicious prosecution claim, the Court begins…

2Cases cited88 opinions

  1. Broughton v. StateNew York Court of Appeals · 1975
  2. Sutton v. DukeSupreme Court of North Carolina · 1970
  3. Dickens v. PuryearSupreme Court of North Carolina · 1981
  4. Stanback v. StanbackSupreme Court of North Carolina · 1979
  5. Texas Beef Cattle Co. v. GreenTexas Supreme Court · 1996

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