Porter v. Groat

CORRECTED MEMORANDUM OPINION REPLACING THE MEMORANDUM OPINION OF MAY 23, 1989

TILLEY, District Judge.

This matter is before the Court upon Defendant's motions to dismiss for: (1) Plaintiffs’ failure to conform to the pleading requirements of N.C.R.Civ.P. 8(a)(2); and (2) for failure to state a claim upon which relief can be granted, Fed.R.Civ.P. 12(b)(6). In the alternative, Defendant prays that Carroll Porter’s claim for loss of consortium and Lillian Porter’s claim for punitive damages be dismissed as untimely filed, N.C.Gen.Stat. § l-15(c).

Plaintiffs concede that Carroll Porter’s claim for…