Small v. Britt

EAGLES, Judge.

We find no error in the trial court’s granting of defendants’ motion to dismiss. A Rule 12(b)(6) motion to dismiss for failure to state a claim upon which relief can be granted is the proper method to test whether a pleading is legally sufficient. In determining as a matter of law whether the allegations state a claim for which relief may be granted, the allegations of a complaint are viewed as admitted. Stanback v. Stanback, 297 N.C. 181, 185, 254 S.E. 2d 611, 615 (1979). A complaint may be dismissed only if it appears beyond doubt that the plaintiff can prove no set of facts…