of a fiduciary relationship. The Court of Appeals in Hunter favorably cited the Terry case as an instructive example regarding the sufficiency of allegations:
Terry [v. Terry, 302 N.C. 77, 273 S.E.2d 674 (1981)] is instructive on the sufficiency of allegations. Terry involved a defendant who took advantage of his dying brother by inducing him to sell his portion of a business at an inadequate price. The complaint was sufficient because it described the family relationship, the business dealings between the two and the increased role the defendant had near his brother's death. Terry, 302 N.C. at 86, 273 S.E.2d at 679. The complaint did much more than simply say “[t]here existed a confidential and fiduciary relationship” as was done in the instant case. When compared to Terry, the allegations in the case before us do not contain enough detail to withstand a motion to dismiss.
Hunter v. Guardian Life Ins. Co. of America, 162 N.C.App. 477, 482-83, 593 S.E.2d 595, 599 (2004). …show more content…
Hunter at 482. In light of the lack of specificity, the Hunter Court upheld the Trial Court’s Rule 12(b)(6) dismissal of the constructive fraud claim. In the present case, the Amended Claims only summarily and cursorily allege: “[The Hospital CEO] and Dr. Stout had built a relationship of trust and confidence over the years…” Lacking are details regarding the parties, the length of the relationship,
Terry [v. Terry, 302 N.C. 77, 273 S.E.2d 674 (1981)] is instructive on the sufficiency of allegations. Terry involved a defendant who took advantage of his dying brother by inducing him to sell his portion of a business at an inadequate price. The complaint was sufficient because it described the family relationship, the business dealings between the two and the increased role the defendant had near his brother's death. Terry, 302 N.C. at 86, 273 S.E.2d at 679. The complaint did much more than simply say “[t]here existed a confidential and fiduciary relationship” as was done in the instant case. When compared to Terry, the allegations in the case before us do not contain enough detail to withstand a motion to dismiss.
Hunter v. Guardian Life Ins. Co. of America, 162 N.C.App. 477, 482-83, 593 S.E.2d 595, 599 (2004). …show more content…
Hunter at 482. In light of the lack of specificity, the Hunter Court upheld the Trial Court’s Rule 12(b)(6) dismissal of the constructive fraud claim. In the present case, the Amended Claims only summarily and cursorily allege: “[The Hospital CEO] and Dr. Stout had built a relationship of trust and confidence over the years…” Lacking are details regarding the parties, the length of the relationship,