Gillispie v. Goodyear Service Stores

128 S.E.2d 762 (1963)

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Gillispie v. Goodyear Service Stores

North Carolina Supreme Court
128 S.E.2d 762 (1963)

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Facts

Hilda Gillispie (plaintiff) sued Goodyear Service Stores (Goodyear) (defendant). The complaint alleged, in one sentence, that Goodyear had trespassed upon Gillispie’s residence, assaulted her, and seized her as a prisoner. Goodyear filed a demurrer, seeking dismissal of Gillispie’s claim. The trial court sustained Goodyear’s demurrer on the grounds that Gillispie’s complaint did not state facts sufficient to constitute a cause of action. Although the trial court granted Gillispie leave to amend her complaint, Gillispie opted instead to appeal the trial court’s decision to the North Carolina Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Bobbitt, J.)

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