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Richard, a resident of Raleigh, North Carolina, files a lawsuit against Brad, who lives in Durham, North Carolina. Richard files his action in North...
Richard, a resident of Raleigh, North Carolina, files a lawsuit against Brad, who lives in Durham, North Carolina. Richard files his action in North Carolina state trial court. His complaint reads, in whole:
"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 to Richard the sum of $200,000 in compensatory damages, $1,000,000 in punitive damages and any other relief that the court deems just and proper."
The complaint is properly captioned, signed and served on Brad.
1) Brad moves to dismiss the action on the ground that the complaint was not specific enough and therefore must be dismissed because it fails to state a claim upon which relief can be granted. Under North Carolina case law, is Brad correct? This part of the assignment should be answered in essay/ IRAC form.
2) Do you see anything else that is missing from the complaint that makes it defective? If so, what? (and yes, you can infer from the question that there is something else that makes this complaint defective beside the issue addressed in question #1.) This part of the assignment can be answered in as little as one sentence.
Under the North Carolina case law, Brad made the right move to dismiss the allegationsraised by Richard since the suit was outside the applicable statute of limitations, N.C.G.S. § 115(c)....