SHARP v. CSX TRANSP., INC.

No. COA02-1094.

584 S.E.2d 888 (2003)

Dawn SHARP, Personal Representative of the Estate of David Sharp, Plaintiff, v. CSX TRANSPORTATION, INC., CSX Corporation, and R.A. Jones, Defendants.

Court of Appeals of North Carolina.

September 2, 2003.


Attorney(s) appearing for the Case

Gill & Tobias, L.L.P., by Douglas R. Gill, Southern Pines, for plaintiff-appellant.

Millberg, Gordon & Stewart, P.L.L.C., by John C. Millberg and Dena White Waters, Raleigh, for defendants-appellees.


GEER, Judge.

In this appeal, appellant Dawn Sharp asks us to reverse the trial court's order granting defendants' motion to dismiss. Defendants have contended that dismissal is appropriate because the complaint establishes contributory negligence as a matter of law. Applying the standards governing a motion to dismiss under Rule 12(b)(6) of the North Carolina Rules of Civil Procedure, we hold that the allegations of the...

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