Phillips v. Grand Union Co.

EAGLES, Judge.

Plaintiffs sole assignment of error is that the trial court erred in dismissing the complaint. We agree and hold that dismissal was improper. A motion to dismiss for failure to state a claim for which relief could be granted is properly granted only when “it appears to a certainty that plaintiff is entitled to no relief under any state of facts which could be proved in support of the claim.” Piatt v. Krispy Kreme Doughnut Corporation, 28 N.C. App. 139, 142, 220 S.E. 2d 173, 175 (1975). The defendant’s Rule 12(b)(6) motion should be granted only if it appears to a certainty, from…