in the Court of Appeals 8 August 2019.
by plaintiff from order entered 11 October 2018 by Judge
Anderson Cromer in Guilford County Superior Court. No. 18 CVS
Schwaba Law Firm, PLLC, by Andrew J. Schwaba and Zachary D.
Walton, for plaintiff-appellant.
Hoffman Koenig Hering PLLC, by G. Clark Hering, IV and Daniel
W. Koenig, for defendant-appellee Vogel.
Patton ("Plaintiff") appeals from an order granting
Boebora (Barbara) Anne Vogel's ("Defendant")
motion to dismiss. We affirm the trial court's order.
action arose from a motor vehicle accident, which occurred on
10 May 2015 in Greensboro, North Carolina. Plaintiff was a
passenger inside of a vehicle being driven by his wife.
Plaintiff's wife stopped when the vehicle in front made a
right turn. Plaintiff and his wife's vehicle was struck
from behind by Defendant's vehicle.
filed his complaint on 19 January 2018 and amended the
complaint on 5 February 2018. Plaintiff deposited a
file-stamped copy of the amended complaint and summons with
FedEx Corporation ("FedEx") and signed a request
for a return receipt on 15 February 2018. Plaintiff addressed
the complaint to 3531 Cherry Lane in Greensboro, North
Carolina, the address Defendant had listed on the accident
report. The package was returned to Plaintiff by FedEx, which
indicated 3531 Cherry Lane was vacant.
retained a private investigator to determine Defendant's
current address. The private investigator responded that
Defendant resided at 3896 North Elm Street in Greensboro,
North Carolina. Plaintiff deposited a file-stamped copy of
the complaint and summons with FedEx with a request for a
return receipt on 13 March 2018. Plaintiff received a signed
receipt of delivery on15 March 2018, signed by "R.
filed an affidavit of service, alleging to have served
Defendant on 14 March 2018 at 3896 North Elm Street in
Greensboro, North Carolina. Plaintiff obtained an alias and
pluries summons on 26 March 2018.
preserved her challenges and answered Plaintiff's
complaint on 17 May 2018. She alleged Plaintiff lacked
jurisdiction to bring the claim due to insufficient process
and service of process. Defendant requested the complaint be
"dismissed pursuant to Rule 12(b)(2)(4)(5)."
Defendant filed a separate motion to dismiss on 28 August
2018, based upon the grounds contained in her answer.
included an affidavit with her motion to dismiss. She averred
she lived at 3531 Cherry Lane in Greensboro, North Carolina
on and after the date of the accident, had neither lived nor
worked at 3896 North Elm Street in Greensboro, North
Carolina, had not authorized "R. Price" or anyone
else to accept legal papers for her, and had never been
served with a copy of the summons, complaint, or amended
filed a brief in response to Defendant's motion to
dismiss and requested the trial court to deny Defendant's
motion. In the alternative, Plaintiff requested the court to
continue the hearing on Defendant's motion for Plaintiff
to be allowed additional time for discovery. Following a
hearing on Defendant's motion to dismiss, the trial court
denied Plaintiff's request for a ...