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SORRELLS v. M.Y.B. HOSPITALITY VENTURES

No. 9130SC184.

414 S.E.2d 372 (1992)

105 N.C. App. 705

Linda SORRELLS, Administratrix of the Estate of Travis Cain Sorrells, Plaintiff, v. M.Y.B. HOSPITALITY VENTURES OF ASHEVILLE, d/b/a Rhapsody's Food and Spirits, Defendants.

Court of Appeals of North Carolina.

March 17, 1992.

Attorney(s) appearing for the Case

McLean & Dickson, P.A. by Russell L. McLean, Waynesville, III, for plaintiff-appellant.

Harrell & Leake by Larry Leake, Asheville, for defendant-appellee.

EAGLES, Judge.

The sole issue before us is whether the trial court erred by granting the defendant's motion to dismiss. We hold that the trial court did err and accordingly we reverse.

The essential question in considering the appropriateness of a Rule 12(b)(6) motion is whether the complaint, when liberally construed and taken to be true, states a claim upon which relief can be granted. See Barnaby v. Boardman, 70 N.C. App. 299, 302,

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