BENJAMIN v. CITY OF DURHAM

No. COA13-909.

756 S.E.2d 887 (2014)

Christopher BENJAMIN, Plaintiff, v. CITY OF DURHAM, and North Carolina Department Of Transportation-Division Of Motor Vehicles, Defendants.

Court of Appeals of North Carolina.

April 15, 2014.


Attorney(s) appearing for the Case

Bratcher Adams PLLC, by J. Denton Adams and Brice Bratcher , for plaintiff-appellant.

Office of the City Attorney, by Kimberly M. Rehberg , for defendant-appellee the City of Durham.


BRYANT, Judge.

Where plaintiff fails to plead each element of a claim for specific performance, a dismissal pursuant to Rule 12(b)(6) is appropriate.

On 25 November 2009, plaintiff Christopher Benjamin, a solid waste truck driver for defendant City of Durham, was ordered by his supervisor to undergo a random drug screening. When plaintiff arrived at the drug-testing facility, he realized he did not have his identification; he then left the facility and returned...

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