Essay on Brads Motion to Dismiss

Words: 964
Pages: 4

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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Id. at 86.

In our case, according to N.C. Gen. Stat.§ 1A-1 Rule 8 and Rule 12, Richards claim for should be not be dismissed because the claim clearly does contain a short and plain statement of the claim substantial enough for Brad to justify his opposition.
According to the ‘notice pleading’” established in Sutton v. Duke, 277 N.C. 94 (N.C. 1970), Richard’s statement gives sufficient notice of the claim. The plaintiff states that he was, “illegally and feloniously assaulted and battered” and “unlawfully confined in a bound area.” This precise “short and plain” statement certainly put the defendant on notice of legally recognized claims in NC as to what Brad needs to prepare for in trial. Sutton, brings the fact that Brad is afforded the opportunity for more facts through the discovery process, and that Richard is not required to include all the tedious facts that make up the elements of each of his claims.
Buchanan v. Hunter Douglas, Inc., 87 N.C. App. 84, 88 (1987) affirms , that the plaintiffs complaint is sufficient in obtaining the requirements of N.C.R. Civ. P. 8(a) are met and that the defendant, Brad was properly put on notice. Richard’s complaint informs Brad of what is alleged against him; when it happened and what sort of relief Richard is demanding. This allows Brad to adequately prepare a defense using the