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SPRUILL v. LAKE PHELPS VOLUNTEER FIRE

No. COA98-237.

510 S.E.2d 405 (1999)

Charlie Steve SPRUILL, Plaintiff-Appellant, v. LAKE PHELPS VOLUNTEER FIRE DEPARTMENT, INC. and Creswell Volunteer Fire Department, Inc., Defendant-Appellees.

Court of Appeals of North Carolina.

January 19, 1999.

Attorney(s) appearing for the Case

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

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

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

McGEE, Judge.

Plaintiff's vehicle ran off Rural Paved Road 1149 in Washington County into a ditch bank on 10 March 1996. Plaintiff personally sustained disabling injuries and property damage to his vehicle. At the time of plaintiff's accident, defendants were fighting a fire one-half mile away at 478 Ambrose Road. Plaintiff filed suit against defendant volunteer fire departments alleging that they were negligent in failing "to exercise reasonable [sic] under the existing...

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