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COMAN v. THOMAS MFG. CO., INC.

No. 8822SC218.

371 S.E.2d 731 (1988)

Mark R. COMAN, Plaintiff-Appellant, v. THOMAS MANUFACTURING CO., INC., Defendant-Appellee.

Court of Appeals of North Carolina.

September 20, 1988.

Attorney(s) appearing for the Case

Larry L. Eubanks, and David F. Tamer, Winston-Salem, for plaintiff-appellant.

Petree, Stockton & Robinson by W.R. Loftis, Jr. and Penni P. Bradshaw, Winston-Salem, for defendant-appellee.

ARNOLD, Judge.

Plaintiff contends that the trial court erred in dismissing his complaint for failure to state a claim on which relief can be granted. As the defendant made the motion pursuant to G.S. 1A-1, Rule 12(b)(6) for failure to state a claim on which relief can be granted, the allegations of the complaint set forth above must be taken as true for purposes of this appeal. Smith v. Ford Motor Co., 289 N.C. 71, 80,

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