SIMPSON v. SEARS, ROEBUCK AND CO.

No. COA13-329.

752 S.E.2d 508 (2013)

Taralyn Shalandra SIMPSON, Plaintiff, v. SEARS, ROEBUCK AND CO., and Amy Edwards, Defendants.

Court of Appeals of North Carolina.

December 17, 2013.


Attorney(s) appearing for the Case

Law Offices of Thomas F. Loflin, III, by Thomas F. Loflin III , Durham, for plaintiff-appellant.

Henson & Talley, LLP, Greensboro, by Perry C. Henson, Jr. and Heather Nicolini Wade , for defendants-appellees.


STEELMAN, Judge.

Where plaintiff's complaint alleged that the conviction against her in district court was obtained through fraudulent or other unfair means, this allegation complied with the requirements of Myrick v. Cooley. Where plaintiff's complaint stated a claim for which relief could be granted, the trial court erred in granting defendant's motion to dismiss. Because we reverse the ruling of the trial court, we do not reach plaintiff's remaining arguments...

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