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BLACK v. LITTLEJOHN

No. 8321SC181.

312 S.E.2d 909 (1984)

Sharon Benson BLACK v. T.W. LITTLEJOHN, Sr., M.D.

Court of Appeals of North Carolina.

March 20, 1984.

Attorney(s) appearing for the Case

Badgett, Calaway, Phillips, Davis, Stephens, Peed & Brown by Herman L. Stephens, Winston-Salem, for plaintiff-appellant.

Petree, Stockton, Robinson, Vaughn, Glaze & Maready by J. Robert Elster and Michael L. Robinson, Winston-Salem, for defendant-appellee.

WEBB, Judge.

Defendant's motion to dismiss the complaint was properly allowed under G.S. 1A-1, Rule 12(b)(6) if the complaint has pled a fact that will necessarily defeat its claim. See Powell v. County of Haywood, 15 N.C. App. 109,189 S.E.2d 785 (1972). Defendant argues that the complaint shows on its face that plaintiff's cause of action accrued more than three years prior to...

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