GASKIN v. J.S. PROCTER COMPANY, LLC

No. COA08-732.

675 S.E.2d 115 (2009)

Jean H. GASKIN, as Executrix of the Estate of E. Reed Gaskin, deceased; Lewis Gaskin; Anthony William Packer; and Larry Estes, Plaintiffs, v. The J.S. PROCTER COMPANY, LLC; Anna Jones Proctor and Richard E. Marsh, Jr. as co-executors of The Estate of John S. Proctor, Jr.; and Paul Leonard, Defendants.

Court of Appeals of North Carolina.

April 21, 2009.


Attorney(s) appearing for the Case

Jackson & McGee, LLP, by Sam McGee, Charlotte, for plaintiff-appellants.

Hamilton Moon Stephens Steele & Martin, PLLC, by Jackson N. Steele and Mark R. Kutny, Charlotte, for defendant-appellants The J.S. Proctor Company, LLC, and Anna Jones Proctor as Executor of the Estate of John S. Proctor, Jr.

K & L Gates LLP, by John H. Culver, III and Glenn E. Ketner, III, Charlotte, for defendant-appellee Paul Leonard.


STROUD, Judge.

Plaintiffs appeal from the order dismissing their complaint with prejudice pursuant to Rule 12(b)(6) for failure to state a claim upon which relief may be granted. The dispositive question is whether a limited partner can bring suit in his personal capacity for injuries to the partnership when he does not sufficiently allege a special duty or a separate and distinct injury. Because we conclude that he cannot, we affirm.

I. Background

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