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SPRUILL v. LAKE PHELPS VOLUNTEER FIRE

No. 87PA99.

523 S.E.2d 672 (2000)

Charlie Steve SPRUILL v. LAKE PHELPS VOLUNTEER FIRE DEPARTMENT, INC. and Creswell Volunteer Fire Department, Inc.

Supreme Court of North Carolina.

February 4, 2000.

Attorney(s) appearing for the Case

Hardee & Hardee, by G. Wayne Hardee and Charles R. Hardee, Greenville, for plaintiff-appellee.

Baker, Jenkins, Jones & Daly, P.A., by Kevin N. Lewis and Ronald G. Baker, Ahoskie, for defendant-appellant Lake Phelps Volunteer Fire Department, Inc.

Yates, McLamb & Weyher, L.L.P., by Barry S. Cobb, Raleigh, for defendant-appellant Creswell Volunteer Fire Department, Inc.

LAKE, Justice.

The question presented for review is whether the statute affording limited liability to firemen, N.C.G.S. § 58-82-5, exempts a rural fire department from liability for ordinary negligence when a fire department performs acts which relate to the suppression of a reported fire, even though such acts do not occur at the scene of the fire. We conclude that it does. Accordingly, we reverse the decision of...

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