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ASKEW KAWASAKI, INC. v. CITY OF ELIZABETH CITY

No. COA95-1420.

477 S.E.2d 85 (1996)

ASKEW KAWASAKI, INC.; Timothy L. Askew and wife, Karen M. Askew; Jackie Colson and wife, Thelma Colson; Kawasaki Motor Finance; Lloyds of London; ITT Commercial Finance Corp.; ITT Lyndon Property Insurance Company, Plaintiffs, v. CITY OF ELIZABETH CITY, Defendant.

Court of Appeals of North Carolina.

November 5, 1996.

Attorney(s) appearing for the Case

C. Everett Thompson, II, P.A., Elizabeth City, for plaintiff-appellee.

Cranfill, Sumner & Hartzog, L.L.P. by Patrick H. Flanagan, Raleigh, for defendant-appellant.

LEWIS, Judge.

The only issue for our consideration in this appeal is whether the trial court erred in denying defendant-appellant's Rule 12(b)(6) motion to dismiss.

On 23 March 1995, plaintiffs filed a complaint in Pasquotank Superior Court alleging negligence against the City of Elizabeth City ("Elizabeth City") under the theory of respondeat superior. Specifically, plaintiffs alleged that on 7 March 1994, the Elizabeth City Fire Department negligently fought...

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