1. Home
  2. Browse Decisions
  3. S.E.2d
  4. 457 S.E.2d
  5. 457 S.E.2d 902 (1995)
 

DAVIS v. MESSER

No. 9230SC1336.

457 S.E.2d 902 (1995)

119 N.C. App. 44

Danny E. DAVIS and Ann H. Davis, Plaintiffs, v. Leonard MESSER, Individually, and in his official capacity as Chief of the Waynesville Fire Department, The Town of Waynesville, a North Carolina Municipal Corporation, The Waynesville Fire Department, and Haywood County, Defendants.

Court of Appeals of North Carolina.

June 6, 1995.

Attorney(s) appearing for the Case

Dean & Gibson by Michael G. Gibson and Brien D. Stockman, Charlotte, for plaintiff-appellant.

Van Winkle, Buck, Wall, Starnes and Davis, P.A. by W. Bradford Searson, Asheville, for defendant-appellees Leonard Messer and the Waynesville Fire Dept.

Blue, Fellerath, Cloninger & Barbour, P.A. by Frederick S. Barbour, Asheville, for defendant-appellee Town of Waynesville.

Killian, Kersten, Patton & Ellis, P.A. by Stephen G. Ellis, Waynesville, for defendant-appellee Haywood County.

JOHN, Judge.

In this negligence action based upon destruction of plaintiffs' residence by fire, plaintiffs contend the trial court erred by (1) dismissing their action pursuant to N.C.R. Civ.P. 12(b)(6) (1990) as to defendants Fire Chief Leonard Messer (Messer), the Waynesville Fire Department (the Department) and the Town of Waynesville (the Town); and (2) granting the summary judgment motion of defendant Haywood County (the County). We hold the court erred regarding...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases