REID v. ROBERTS

No. 9228SC448.

435 S.E.2d 116 (1993)

112 N.C. App. 222

Brett Bradley REID, Plaintiff, v. J.E. "Ed" ROBERTS, Danny Tolar, Ken Putnam, Ron Brazil, Danny Bridges, Jack Woodson, Bobby Langford, Bill Eller, Billie Ray, Howard Lunsford, Bobby Hollyfield, Gordon King, Paul Langford, Harold Roberts, Gerald Fisher, W.E. Hamlin, Individually and in their official capacities as employees of the North Carolina Department of Transportation, Defendants.

Court of Appeals of North Carolina.

October 5, 1993.


Attorney(s) appearing for the Case

Coward, Hicks, Siler & Harper, P.A. by Richard B. Harper, Sylvan, and Whalen, Hay, Pitts, Hugenschmidt, Master, Devereux & Belser, P.A. by Sean P. Devereux, Asheville, for plaintiff-appellant.

Atty. Gen. Lacy H. Thornburg by Asst. Atty. Gen. Charlie C. Walker, Asheville, for defendants-appellees.


ARNOLD, Chief Judge.

The sole issue is whether or not plaintiff's complaint states a cause of action for negligence against sixteen state employees in their individual capacities. For the reasons stated below, we affirm.

The test on a Rule 12(b)(6) motion is whether or not the complaint is legally sufficient. Tennessee v. Environmental Management Comm'n, 78 N.C. App. 763, 765, 338 S.E.2d 781, 782 (1986). In ruling...

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