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Gillispie v. Goodyear Service Stores

Law Dictionary

Law Dictionary

Featuring Black's Law Dictionary 2nd Ed.
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Civil Procedure Keyed to Marcus

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Bloomberg Law

Citation. 258 N.C. 487, 128 S.E.2d 762, 1963 N.C.

Brief Fact Summary. Gillispie (Plaintiff) filed a complaint against certain defendants and the Goodyear Service Stores (Defendants), alleging that the Defendants assaulted the Plaintiff and humiliated and embarrassed her by subjecting her to public scorn and ridicule. The trial court sustained Defendants’ demurrers and the Plaintiff appeals.
Synopsis of Rule of Law. A complaint must allege material, essential and ultimate facts upon which Plaintiff’s right of action is based.

Facts. Plaintiff filed a complaint alleging that the Defendants trespassed on her land. Plaintiff further alleged that Defendants used harsh language, physical force, assaulted the Plaintiff, humiliated and embarrassed Plaintiff, and placed her in fear. As a result of this conduct, Plaintiff was seized and exhibited to the public as a prisoner and confined to a public jail. The Plaintiff sought $25,000 in damages and $10,000 in punitive damages. The trial court sustained Defendant’s demurrers and Plaintiff subsequently appealed.

Issue. Does Plaintiff’s complaint state sufficient facts to constitute a cause of action?

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