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, 2016, 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, 2016, 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
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
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.