PARKER v. TURNER

No. COA95-917.

469 S.E.2d 569 (1996)

122 N.C. App. 381

Michael Lee PARKER, Plaintiff v. David L. TURNER, individually, and in his official capacity as Chief of Police of Long View, and The Town of Long View, a North Carolina municipality, Defendants

Court of Appeals of North Carolina.

May 7, 1996.


Attorney(s) appearing for the Case

DeVore & Acton, P.A. by Fred W. DeVore, III and William D. Acton, Jr., Charlotte, for plaintiff-appellant.

Frank B. Aycock, III, Charlotte, for defendants-appellees.


WALKER, Judge.

On 15 March 1995, plaintiff Michael Parker filed a complaint alleging breach of duty and negligence on the part of defendants. Defendants' motion to dismiss the complaint pursuant to N.C. Gen.Stat. § 1A-1, Rule 12(b)(6) was allowed, and plaintiff appeals.

In his complaint, Michael Parker alleged the following facts. Michael and his parents, Colen and Martha Parker, owned and operated an automobile parts store in the Town of Long View. On...

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