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Daniels v. Hertz Corp.12/17/1991
The dispositive issue on appeal is whether the trial court erred in granting plaintiff's judgment on the pleadings under Rule 12(c) of the N.C. Rules of Civil Procedure. For the following reasons, we hold that the trial court erred in its order of 14 June 1990, and therefore remand.
The pleadings in this case establish the following:
The Present Action
On 19 January 1990, plaintiff filed this action against Hertz to recover $1,000,000 for breach of contract, unfair and deceptive trade practices, punitive damages, violations of the Racketeer Influenced and Corrupt Organizations (RICO) Act, breach of contract against defendant Zurich and for specific performance against defendant Raleigh Durham Airport Authority. Zurich has subsequently settled with Daniels, and the Airport Authority is not a party to this appeal. Plaintiff subsequently filed a motion for judgment on the pleadings under Rule 12(c) of the North Carolina Rules of Civil Procedure.
This motion was heard before Judge Greene on 11 June 1990. Judge Greene entered his judgment in plaintiff's favor solely on the issue of Hertz's liability to plaintiff for $1,000,000 for breach of contract. Judge Greene further certified that there was "no just reason for delay" and that the judgment was immediately appealable. Hertz subsequently appealed.
The parties briefed the issue of whether the appeal was interlocutory before the Court. After reviewing the briefs and the evidence of record, we conclude that the appeal is not interlocutory and will therefore address the merits.
Under N.C. Gen. Stat. § 1A-1, Rule 12(c) (1990), a party moving for judgment on the pleadings must establish that no material issue of fact exists and that he is entitled to judgment as a matter of law. DeTorre v. Shell Oil Co., 84 N.C. App. 501, 353 S.E.2d 269 (1987). For the purposes of such motion, the movant is deemed to admit all factual allegations in the non-movant's pleadings except those inadmissible in evidence or legally impossible. Cheape v. Town of Chapel Hill, 320 N.C. 549, 359 S.E.2d 792 (1987). Under the rule, the trial court must view the facts and inferences to be drawn from the pleadings in the light most favorable to the nonmoving party. Newbold v. Globe Life Ins. Co., 50 N.C. App. 628, 274 S.E.2d 905 (1981). The trial court may consider only the pleadings and any attached exhibits, which become part of the pleadings. Minor v. Minor, 70 N.C. App. 76, 318 S.E.2d 865, disc. review denied, 312 N.C. 495, 322 S.E.2d 558 (1984).
The pleadings, viewed in the light most favorable to Hertz, establish the following facts:
{PA}
Page 703} The Underlying Action
The amended complaint in the underlying action alleged that plaintiff's intestate was killed as the result of Thomas' negligent driving. At the time of the accident, Thomas, an IBM employee , was driving a car rented from Hertz pursuant to an agreement between IBM and Hertz. IBM's contract with Hertz obligates Hertz to provide $1,000,000 liability protection for IBM employees renting defendant's cars. The agreement provides in pertinent part:
1. Statement of Agreement
IBM shall recommend to its employees that they use Hertz as the primary Supplier for . . . automobile rentals.
This Agreement contains the entire understanding of the parties with respect to the subject matter hereof and is intended as a f
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