Brads Motion to Dismiss

960 Words Nov 23rd, 2015 4 Pages
Relevant Facts
Richard, a resident of Raleigh, NC, files a lawsuit against Brad, who lives in Durham, NC. Richard files his action in North Carolina state trial court.
"The Plaintiff alleges:
1. On or about April 5, 2013, Brad walked into Richard's office and there illegally and feloniously assaulted and battered Richard, thereby causing to Richard great pain and suffering.
2. On or about April 5, 2013, Brad caused Richard to be unlawfully confined in a bound area, causing great physical and emotional suffering on the part of Richard.
3. As a proximate result of Brad's wrongful and unlawful conduct, Richard suffered physical and emotional injuries worth the sum of $200,000.
Wherefore, Plaintiff demands that Brad be forced to pay
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Gen. Stat. § 1A-1, Rule 12.
The above statue is affirmed in Sutton v. Duke, 277 N.C. 9, 102 (N.C. 1970), “Where the court established the sufficiency of "notice pleading." This type of pleading provides “a statement of a claim is adequate if it gives sufficient notice of the claim asserted "to enable the adverse party to answer and prepare for trial, to allow for the application of the doctrine of res judicata, and to show the type of case brought’
Further defining what is required for a complaint to be sufficient, Sutton establishes that, “detailed fact-pleading is no longer required. A pleading complies with the rule if it gives sufficient notice of the events or transactions which produced the claim to enable the adverse party to understand the nature of it and the basis for it.” Id. at 104. The court provided the rational for only requiring such notice by indicating how the “opportunity for discovery and the other pretrial procedures established by the Rules to disclose more precisely the basis of both claim and defense and to define more narrowly the disputed facts and issues.” Id. at 102.
In addition, Buchanan v. Hunter Douglas, Inc., 87 N.C. App. 84, 88 (1987) affirms , “The requirements of N.C.R. Civ. P. 8(a) are met when a pleading "gives sufficient notice of the events, or transactions which produced the claim to enable the adverse party to understand the nature of it and the basis for it,” The court further affirmed the

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