Gillispie v. Goodyear Service Stores
Nature of the Case
This was an appeal of the granting of a demurrer.
Facts
Gillispie (P) stated that she and each of the employees of the Goodyear Service Stores (D) were citizens and residents of North Carolina. The complaint and prayer for relief read as follows:
In May 1959 Goodyear, without cause or just excuse and maliciously, came upon and trespassed upon the premises occupied by the plaintiff as a residence, and by the use of harsh and threatening language and physical force directed against the plaintiff, assaulted the plaintiff and placed her in great fear, and humiliated and embarrassed her by subjecting her to public scorn and ridicule, and caused her to be seized and exhibited to the public as a prisoner, and to be confined in a public jail, all to her great humiliation, embarrassment and harm.
By reason of the defendants’ malicious and intentional assault against and humiliation of the plaintiff, the plaintiff was and has been damaged and injured in the amount of $25,000.
Goodyear’s acts were deliberate, malicious, and were committed with the deliberate intention of harming the plaintiff, and the plaintiff is entitled to recover her actual damages as well as punitive damages. Gillispie sought $25,000 in damages and $10,000 in punitive damages.
Goodyear demurred, contending that the complaint did not state facts sufficient to constitute a cause of action, and on the grounds that there was a misjoinder of parties and a misjoinder of causes of action. The demurrer was sustained and Gillispie appealed.
Issue
- Are conclusions of law alone in pleadings enough to support a cause of action?
Holding and Rule of Law
- No. A cause of action must be supported by facts alleged in the complaint.
A complaint must contain a plain and concise statement of the facts constituting a cause of action, and those facts must constitute a cause of action and not merely state conclusions of law. The facts to be pleaded must allege the material, essential, and ultimate facts upon which plaintiff’s right of action is based. If a complaint is challenged by a demurrer, the facts alone are used to determine whether the complaint states a cause of action.
Gillispie alleged that Goodyear without cause or just excuse maliciously trespassed upon premises occupied by her as a residence, assaulted her, and caused her to be seized and confined as a prisoner. There are no facts in the complaint on which to base these conclusions. Gillispie’s allegations should disclose what occurred, where it occurred, who did what, the relationships between the defendants and plaintiff or between the defendants inter se, or any other factual data that might identify the occasion or describe the circumstances of Goodyear’s conduct. Considered in the light most favorable to Gillispie, the complaint fails to state a cause of action.
Disposition
Affirmed.