Dixon v. Stuart, 8621SC1197

Decision Date21 April 1987
Docket NumberNo. 8621SC1197,8621SC1197
Citation85 N.C.App. 338,354 S.E.2d 757
CourtNorth Carolina Court of Appeals
PartiesCurtis E. DIXON v. Bryce A. STUART, Alexander R. Beaty and Sam H. Owen, Individually and In Their Capacities As Agents of the City of Winston-Salem, North Carolina; and the City of Winston-Salem, North Carolina, a Municipal Corporation.

W. Steven Allen, Greensboro, for plaintiff-appellant.

Womble, Carlyle, Sandridge & Rice by Anthony H. Brett, Winston-Salem, for defendants-appellees.

HEDRICK, Chief Judge.

A complaint is deemed sufficient to withstand a motion to dismiss under Rule 12(b)(6) where no insurmountable bar to recovery appears on the face of the complaint and the complaint's allegations give adequate notice of the nature and extent of the claim. Detailed fact pleading is not required. Deitz v. Jackson, 57 N.C.App. 275, 291 S.E.2d 282 (1982). A complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that plaintiff could prove no set of facts in support of his claim which would entitle him to relief. Property Owners Assoc. v. Curran, 55 N.C.App. 199, 284 S.E.2d 752 (1981), disc. rev. denied, 305 N.C. 302, 291 S.E.2d 151 (1982). In analyzing the sufficiency of the complaint, the complaint must be liberally construed. Jones v. City of Greensboro, 51 N.C.App. 571, 277 S.E.2d 562 (1981).

In the present plaintiff's complaint, he alleges that defendants Stuart, Beaty and Owen "ridicul[ed]" and "harass[ed]" him in the workplace, that the acts of these defendants "were intended to cause and did in fact cause plaintiff to suffer extreme emotional distress." We cannot say that it appears beyond doubt that plaintiff can prove no set of facts in support of these allegations which would entitle him to relief from these defendants for intentional infliction of emotional distress. Extreme and outrageous ridiculing and harassing has been grounds for recovery under this tort before. See, e.g. Hogan v. Forsyth Country Club Co., 79 N.C.App. 483, 340 S.E.2d 116, disc. rev. denied, 317 N.C. 334, 346 S.E.2d 140 (1986); Woodruff v. Miller, 64 N.C.App. 364, 307 S.E.2d 176 (1983). Although in the present plaintiff's complaint the specific acts constituting the ridicule and harassment were not alleged, such specificity is not required where, as here, the complaint is sufficient to apprise the defendant of what the claim is and what events produced it. See Deitz v. Jackson, 57 N.C.App. 275, 291 S.E.2d 282 (1982).

If defendants Stuart, Beaty and Owen are found liable for intentional infliction of emotional distress, we cannot say that it appears beyond doubt that plaintiff can prove no...

To continue reading

Request your trial
82 cases
  • Krawiec v. Manly
    • United States
    • North Carolina Supreme Court
    • April 6, 2018
    ...Holloman v. Harrelson , 149 N.C. App. 861, 864, 561 S.E.2d 351, 353 (2002) (alteration in original) (quoting Dixon v. Stuart , 85 N.C. App. 338, 340, 354 S.E.2d 757, 758 (1987) ), disc. rev. denied , 355 N.C. 748, 565 S.E.2d 665 (2002). Rule 12(b)(6) "generally precludes dismissal except in......
  • Cox v. Indian Head Industries., Inc.
    • United States
    • U.S. District Court — Western District of North Carolina
    • June 5, 2000
    ...pleading is not required for a claim of intentional infliction of emotional distress to pass Rule 12(b)(6) scrutiny. Dixon v. Stuart, 85 N.C.App. 338, 354 S.E.2d 757 (1987). At the summary-judgment each plaintiff will be required to show as to herself a forecast of an "emotional or mental d......
  • Lorbacher v. Housing Authority of City of Raleigh
    • United States
    • North Carolina Court of Appeals
    • November 18, 1997
    ...that [the] plaintiff could prove no set of facts in support of his claim which would entitle him to relief." Dixon v. Stuart, 85 N.C.App. 338, 340, 354 S.E.2d 757, 758 (1987). Plaintiff alleges that his discharge violated the Due Process Clause of the Fourteenth Amendment. Cases involving d......
  • Riley v. Dow Corning Corp.
    • United States
    • U.S. District Court — Middle District of North Carolina
    • July 24, 1991
    ...Trought v. Richardson, 78 N.C. App. 758, 338 S.E.2d 617, review denied, 316 N.C. 557, 344 S.E.2d 18 (1986). See Dixon v. Stuart, 85 N.C.App. 338, 354 S.E.2d 757 (1987) (established intentional emotional distress claim in employment The court finds that the plaintiff has failed to present ev......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT