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ALLRED v. CAPITAL AREA SOCCER LEAGUE, INC.

No. COA07-647.

669 S.E.2d 777 (2008)

Teresa Lynn ALLRED and husband, Daniel Hilliker, Plaintiffs, v. CAPITAL AREA SOCCER LEAGUE, INC.; CASL Soccer Properties LLC; Wake County, North Carolina; Women's United Soccer Association and All Successors in Interest; Time Warner Inc., formerly known as AOL Time Warner, Inc., d/b/a Time Warner Entertainment-Advance/Newhouse Partnership d/b/a Carolina Courage and All Successors in Interest; and Time Warner Inc., formerly known as AOL Time Warner, Inc., d/b/a Time Warner Entertainment-Advance/Newhouse Partnership d/b/a New York Power and All Successors in Interest, Defendants.

Court of Appeals of North Carolina.

December 16, 2008.

Attorney(s) appearing for the Case

Hartsoe & Associates, PC, by R. Anthony Hartsoe and Joseph R. Schmitz, Winston-Salem, for plaintiffs-appellants.

Ellis & Winters LLP, by Stephen C. Keadey, Raleigh, for defendant-appellee CASL Soccer Properties, LLC.

Brown, Crump, Vanore & Tierney, L.L.P., by Derek M. Crump, Raleigh, for defendant-appellee Capital Area Soccer League, Inc.

STEELMAN, Judge.

The trial court erred in granting defendants' motion to dismiss pursuant to Rule 12(b)(6) of the North Carolina Rules of Civil Procedure. The complaint adequately alleges several causes of action in negligence against defendants and does not contain allegations which on their face present an insurmountable bar to plaintiffs' recovery.

I. Factual Summary and Procedural Background

On 26 April 2003, Teresa Lynn Allred (hereinafter...

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