Blue v. Bhiro
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The Supreme Court reversed the decision of the court of appeals reversing the order of the trial court dismissing Plaintiff's claims with prejudice and remanding the case to the trial court to give the parties an opportunity to gather and present evidence on a motion for summary judgment, holding that the trial court was not required to convert the motion to dismiss under N.C. R. Civ. P. 12(b)(6) to a motion for summary judgment.
Plaintiff brought this action after being diagnosed with metastatic pancreatic cancer, arguing that Defendant swere negligent in failing to diagnose Plaintiff with cancer. Defendants filed a motion to dismiss under Rule 12(b)(6), arguing that the action was barred by the three-year statute of limitations and four-year statute of repose in N.C. Gen. Stat. 1-15(c). The trial court dismissed the claims with prejudice. The court of appeals reversed, concluding that the trial court should have converted the motion to dismiss to one for summary judgment. The Supreme Court reversed, holding that the court of appeals erred by ruling that the trial court considered matters outside the pleading, thus converting the motion to a motion for summary judgment.
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