Johnson v. Bollinger

GREENE, Judge.

Plaintiff brought this tort action alleging Bollinger (hereinafter, “defendant”), while acting in the course and scope of his employment by the City of Kings Mountain (hereinafter, the “City” or collectively as the “defendants”), intentionally assaulted, defamed and inflicted severe emotional distress upon plaintiff. Defendants moved to dismiss the complaint under N.C.R. Civ. P. 12(b)(6). The trial court orally granted defendants’ motion to dismiss. A proposed Order dismissing plaintiffs claim with prejudice was signed by the trial judge and filed two days later. At no time did…