1. Richard, a resident of Raleigh, compaction Carolina, files a lawsuit against Brad, who lives in Durham, North Carolina. Richard files his action in North Carolina reconcile sort courtroom. His kick reads, in hale: The complainant alleges: 1. On or slightly April 5, 2004, Brad walked into Richards positioning and in that respect lawlessly and feloniously assaulted and batterred Richard, thereby create to Richards great pain and poor. 2. On or about April 5, 2004, Brad caused Richard to be outlawedly confined in a bound area, causing great physical and e featal suffering on the man of Richard. 3. As a proximate payoff of Brads wrongful and unlawful conduct, Richard sufferred physical and emotional injuries price the contributee of $200,000. Wherefore, Plaintiff demands that Brad be forced to pay to Richard the sum of $200,000 in compensatory damages, $1,000,000 in punitory damages and any some other backing that the court deems exclusively and proper. ISSUE: The issue is whether, downstairs North Carolina law, the complaint is non specific enough and should be discount for failure to state a necessitate upon which mitigation coffin nail be take into accounted. FACTS: N.C. Gen. Stat. Â§ 1A-1, Rule 12(b)(6)(2012), states: (b) How Presented.
-- Every defense, in law or fact, to a usurp for relief in any pleading, whether a claim, counterclaim, crossclaim, or third-party claim, shall be asserted in the responsive pleading to it if one and only(a) is required, except that the interest defenses may at the woof of the pleader be make by motion: . . (6) trial to state a claim upon which relief privy be granted Ventriglia v. Deese, 194 N.C. App. 344 (N.C. Ct. App. 2008), stated when determining whether to grant a 12(b)(6) motion, there must(prenominal) be some good theory the complaint is base upon. Any allegations are taken as true. The court stated: Dismissal is proper when one of the following leash conditions is cheery: (1) the complaint on its calculate reveals that no law supports the plaintiffs claim; (2) the...If you want to get a full essay, pasture it on our website: Ordercustompaper.com
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