Gillispie v. Goodyear Service Stores

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


Gillispie (P) stated that she and each of the employees of the Goodyear Service Stores (D) and the store were citizens and residents of North Carolina. The complaint and prayer for relief read as follows: 

4. On or about May 5, 1959 and May 6, 1959, the defendants, 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.

5. 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. 

6. The acts of the defendants as aforesaid were deliberate, malicious, and with the deliberate intention of harming the plaintiff, and the plaintiff is entitled to recover her actual damages as well as punitive damages from the defendants and each of them.

THEREFORE, the plaintiff prays that she have and recover of the defendants the sum of $25,000 as damages and $10,000 in addition thereto as punitive damages and that she have such other and further relief as may be just and proper.'

D demurred; the complaint did not state facts sufficient to constitute a cause of action, there was a misjoinder of parties, and a misjoinder of causes of action. The demurrer was sustained. P appealed.