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MONTI v. UNITED SERVICES AUTO. ASS'N

No. 914SC1141.

423 S.E.2d 530 (1992)

108 N.C. App. 342

Medio MONTI, in his own right and for the use and benefit of the United States of America, v. UNITED SERVICES AUTOMOBILE ASSOCIATION.

Court of Appeals of North Carolina.

December 15, 1992.

Attorney(s) appearing for the Case

Roger A. Moore, Jacksonville, for plaintiff-appellant.

Wallace, Morris, Barwick & Rochelle, P.A. by Thomas H. Morris and Elizabeth H. McCullough, Kinston, for defendant-appellee.

ARNOLD, Judge.

The sole issue here is whether the trial court erred in dismissing plaintiff's complaint for failure to state a claim under Rule 12(b)(6). A motion to dismiss under Rule 12(b)(6) "should not be allowed unless the complaint affirmatively shows that plaintiff has no cause of action." Estridge v. Ford Motor Co., 101 N.C. App. 716, 718, 401 S.E.2d...

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