Ford v. Peaches Entertainment Corp.
Citation | 83 N.C.App. 155,349 S.E.2d 82 |
Decision Date | 21 October 1986 |
Docket Number | No. 8618SC431,8618SC431 |
Court | Court of Appeal of North Carolina (US) |
Parties | J. Henry FORD and wife, Doris Ford v. PEACHES ENTERTAINMENT CORPORATION, the City of Greensboro, Insurance Services Office, Inc., and Drew Henderson. |
Alexander, Ralston, Pell & Speckhard, by Stanley E. Speckhard, Greensboro, for plaintiff-appellants.
Maupin, Taylor, Ellis & Adams, P.A., by Thomas W.H. Alexander and James E. Gates, Raleigh, for defendant-appellees Insurance Services Office, Inc. and Drew Henderson.
Tuggle, Duggins, Meschan & Elrod, P.A., by Kenneth R. Keller and Kenneth L. Jones, Greensboro, for defendant-appellee Peaches Entertainment Corporation.
The sole question presented by this appeal is whether the trial court properly allowed the defendants' motions to dismiss. The plaintiffs argue that the court incorrectly concluded that the defendants' negligence was not a proximate cause of this accident. We cannot agree.
A motion to dismiss for failure to state a claim upon which relief may be granted under G.S. 1A-1, Rule 12(b)(6) is addressed to whether the facts alleged in the complaint, when viewed in the light most favorable to the plaintiffs, give rise to a claim for relief on any theory. Brewer v. Hatcher, 52 N.C.App. 601, 279 S.E.2d 69 (1981). For the plaintiffs' complaint to withstand a motion to dismiss the facts alleged must demonstrate that the defendants' negligence was a proximate cause of their injuries. Bogle v. Duke Power Company, 27 N.C.App. 318, 321, 219 S.E.2d 308, 310 (1975), disc. rev. denied, 289 N.C. 296, 222 S.E.2d 695 (1976). This collision was not a reasonable result of the defendants' negligently causing a fire truck to be summoned such that a person of ordinary prudence should have foreseen it. Their negligence was not a proximate cause of the plaintiffs' injury and the trial court properly allowed the motions to dismiss.
We believe that Hairston v. Alexander Tank and Equipment Co., 310 N.C. 227, 311 S.E.2d 559 (1984) upon which the plaintiffs rely is distinguishable. That case held a jury could find that there was proximate cause when the defendant negligently installed a wheel on the automobile of the plaintiff's intestate...
To continue reading
Request your trial-
Donovan v. Fiumara
...340, 354 S.E.2d 757, 758 (1987) (citation omitted), and in the light most favorable to the plaintiff, Ford v. Peaches Entertainment Corp., 83 N.C.App. 155, 156, 349 S.E.2d 82, 83 (1986), disc. review denied, 318 N.C. 694, 351 S.E.2d 746 (1987), taking as true and admitted all well-pleaded f......
-
Lee Cycle Center v. Wilson Cycle Center
...Id. In this case, viewing Plaintiffs' allegations in the light most favorable to Plaintiffs, see Ford v. Peaches Entertainment Corp., 83 N.C.App. 155, 156, 349 S.E.2d 82, 83 (1986) (in ruling on a motion to dismiss for failure to state a claim upon which relief may be granted, a trial court......
-
Fagundes v. Ammons Dev. Grp., Inc.
...in the light most favorable to the plaintiff[ ], give rise to a claim for relief on any theory." Ford v. Peaches Entertainment Corp. , 83 N.C. App. 155, 156, 349 S.E.2d 82, 83 (1986) (citation omitted). Importantly, "[t]he issue is not whether a plaintiff will ultimately prevail but whether......
-
Kaleel Builders, Inc. v. Ashby
...granting a Rule 12(b)(6) dismissal, we read all allegations in the light most favorable to plaintiff. See Ford v. Peaches Entertainment Corp., 83 N.C.App. 155, 349 S.E.2d 82 (1986); disc. review denied, 318 N.C. 694, 351 S.E.2d 746 (1987). However, a complaint is without merit (1) the compl......