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PHILLIPS v. GRAND UNION CO.

No. 8221SC1040.

307 S.E.2d 205 (1983)

Chester PHILLIPS v. The GRAND UNION COMPANY, Whink Products Co., and Sava Stop, Inc.

Court of Appeals of North Carolina.

October 4, 1983.

Attorney(s) appearing for the Case

Keith & Smithwick by Thomas J. Keith, Winston-Salem, for plaintiff-appellant.

Hutchins, Tyndall, Doughton & Moore by Richard Tyndall, Winston-Salem, for defendant-appellee, Grand Union Company.

EAGLES, Judge.

Plaintiff's sole assignment of error is that the trial court erred in dismissing the complaint. We agree and hold that dismissal was improper. A motion to dismiss for failure to state a claim for which relief could be granted is properly granted only when "it appears to a certainty that plaintiff is entitled to no relief under any state of facts which could be proved in support of the claim." Piatt v. Krispy Kreme Doughnut Corporation,

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