Bigelow v. Town of Chapel Hill

745 S.E.2d 316, 227 N.C. App. 1, 35 I.E.R. Cas. (BNA) 1234, 2013 WL 1876759, 2013 N.C. App. LEXIS 485
CourtCourt of Appeals of North Carolina
DecidedMay 7, 2013
DocketNo. COA12-1105
StatusPublished
Cited by31 cases

This text of 745 S.E.2d 316 (Bigelow v. Town of Chapel Hill) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bigelow v. Town of Chapel Hill, 745 S.E.2d 316, 227 N.C. App. 1, 35 I.E.R. Cas. (BNA) 1234, 2013 WL 1876759, 2013 N.C. App. LEXIS 485 (N.C. Ct. App. 2013).

Opinion

McGEE, Judge.

[2]*2Kerry Bigelow (Bigelow) and Clyde Clark (Clark) (together, Plaintiffs) were fired from their employment as sanitation workers for the Town of Chapel Hill (Chapel Hill) on 29 October 2010. Roger Stancil (Stancil) was Chapel Hill’s town manager at that time. During their employment with Chapel Hill, Plaintiffs rode on town garbage trucks and collected refuse from roll-out canisters, as well as yard waste. The firings were based upon findings that Plaintiffs had engaged in insubordination, threatening and intimidating behavior, and had been unsatisfactory in their job performances. Plaintiffs requested a hearing before Chapel Hill’s Personnel Appeals Committee (the Committee) to review the decision to terminate Plaintiffs’ employment. Hearings were conducted on 3 and 9 February 2011. By split votes, the Committee recommended that Stancil uphold the decision to fire Plaintiffs.

Plaintiffs filed this action on 4 December 2011. In their complaint, Plaintiffs alleged that Chapel Hill and Stancil, in both his official capacity and his personal capacity, (together, Defendants), wrongfully discharged Plaintiffs from their jobs and violated certain of Plaintiffs’ rights protected under the North Carolina Constitution.

Defendants answered Plaintiffs’ complaint on 5 December 2011. Defendants moved for judgment on the pleadings on 20 April 2012. Defendants’ motion was heard on 14 May 2012 and, by order entered 29 May 2012, the trial court granted Defendants’ motion on the pleadings. Plaintiffs appeal. Additional facts and allegations relevant to this opinion are included below.

I.

The sole issue on appeal is whether the trial court erred in granting Defendants’ Rule 12(c) motion for judgment on the pleadings. We affirm as to Stancil in his individual capacity, but vacate and remand the remainder of the trial court’s 29 May 2012 order for further action.

II.

Plaintiffs present the following question on appeal: “Did the superior court err when it dismissed Plaintiffs’ four claims based on the pleadings, pursuant to N.C. Rules of Civil Procedure 12(c)?”

“This Court reviews a trial court’s grant of a motion for judgment on the pleadings de novo.” Carpenter v. Carpenter, 189 N.C. App. 755, 757, 659 S.E.2d 762, 764-65 (2008) (citation omitted). “A motion for judgment on the pleadings should not be granted unless the movant clearly establishes that no material issue of fact remains to be resolved and that he [3]*3is entitled to judgment as a matter of law.” Id. at 761, 659 S.E.2d at 767 (citation omitted).

[Rule 12(c)’s] function is to dispose of baseless claims or defenses when the formal pleadings reveal their lack of merit.....Judgment on the pleadings is a summary procedure and the judgment is final. Therefore, each motion under Rule 12(c) must be carefully scrutinized lest the nonmoving party be precluded from a full and fair hearing on the merits. The movant is held to a strict standard and must show that no material issue of facts exists and that he is clearly entitled to judgment. The trial court is required to view the facts and permissible inferences in the light most favorable to the nonmoving party. All well pleaded factual allegations in the nonmoving party’s pleadings are taken as true and all contravening assertions in the movant’s pleadings are taken as false. All allegations in the nonmovant’s pleadings, except conclusions of law, legally impossible facts, and matters not admissible in evidence at the trial, are deemed admitted by the movant for purposes of the motion.

Ragsdale v. Kennedy, 286 N.C. 130, 137, 209 S.E.2d 494, 499 (1974) (citations omitted). “ ‘Judgments on the pleadings are disfavored in law[.]’ ” Carpenter, 189 N.C. App. at 757, 659 S.E.2d at 764-65 (citations omitted).

“ ‘A motion for judgment on the pleadings is allowable only where the pleading of the opposite party is so fatally deficient in substance as to present no material issue of fact[.] A complaint is fatally deficient in substance, and subject to a motion by the defendant for judgment on the pleadings if it fails to state a good cause of action for plaintiff and against defendant^]’ ”

George Shinn Sports, Inc. v. Bahakel Sports, Inc., 99 N.C. App. 481, 486, 393 S.E.2d 580, 583 (1990) (citations omitted).

Under the “notice theory” of pleading contemplated by Rule 8(a)(1), detailed fact-pleading is no longer required. A pleading complies with the rule if it gives sufficient notice of the events or transactions which produced the claim to enable the adverse party to understand the nature of it and the basis for it, to file a responsive pleading, and - by using the rules provided for obtaining pretrial discovery [4]*4- to get any additional information he may need to prepare for trial.

Sutton v. Duke, 277 N.C. 94, 104, 176 S.E.2d 161, 167 (1970). A motion to dismiss is appropriately granted when a complaint states “a defective cause of action,” but not when a complaint states “a defective statement of a good cause of action.” Id. at 105-06, 176 S.E.2d at 168 (citations omitted). .“[0]ther provisions of Rule 12, the rules governing discoveiy, and the motion for summary judgment provide procedures adequate to supply information not furnished by the complaint.” Id. “[A] document attached to the moving party’s pleading may not be considered in connection with a Rule 12(c) motion unless the non-moving party has made admissions regarding the document.” Weaver v. Saint Joseph of the Pines, Inc., 187 N.C. App. 198, 205, 652 S.E.2d 701, 708 (2007).

III. Consideration of Alleged Facts for a Motion for Judgment on the Pleadings

We wish to make clear that what follows is not a statement of facts, but a recitation of Plaintiffs’ allegations as pleaded, and some additional information from the pleadings favorable to Plaintiffs. Defendants’ alleged facts are not included below unless favorable to Plaintiffs. Kennedy, 286 N.C. at 137, 209 S.E.2d at 499. We are in no manner endorsing Plaintiffs’ factual allegations. Plaintiffs’ complaint, along with Defendants’ answer and documents attached to the pleadings, when considered in the light most favorable to Plaintiffs, and taking Plaintiffs allegations as true, show the following: Plaintiffs, both African Americans, worked together as employees of Chapel Hill, beginning in the summer of 2009. Plaintiffs rode on the rear of collection trucks and emptied garbage bins into the trucks. Clark was hired as a sanitation worker by Chapel Hill in 1998. Bigelow drove large garbage trucks for the City of Burlington for eighteen years before being hired as a sanitation worker by Chapel Hill in 2007, where his “municipal sanitation driving experience placed him at the highest salary range for sanitation workers.” Bigelow received a performance evaluation of “outstanding” in 2008, and also received an “exceeds expectations” evaluation in 2009.

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Bluebook (online)
745 S.E.2d 316, 227 N.C. App. 1, 35 I.E.R. Cas. (BNA) 1234, 2013 WL 1876759, 2013 N.C. App. LEXIS 485, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bigelow-v-town-of-chapel-hill-ncctapp-2013.