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WILLIS v. TOWN OF BEAUFORT

No. COA00-371.

544 S.E.2d 600 (2001)

Robert WILLIS, Plaintiff, v. TOWN OF BEAUFORT, a North Carolina Municipal Corporation and Jim Lynch, Individually and in his Official capacity as Chief of the Beaufort Fire Department, Defendants.

Court of Appeals of North Carolina.

April 17, 2001.

Attorney(s) appearing for the Case

Davis, Murrelle & Lumsden, P.A., by Edward L. Murrelle, Beaufort, for plaintiff-appellant.

Crossley McIntosh Prior & Collier, by H. Mark Hamlet and Brian E. Edes, Wilmington, for defendant-appellees.

HUNTER, Judge.

Robert Willis ("plaintiff") appeals from an order granting summary judgment dismissing his claims of negligence in favor of defendants Town of Beaufort ("Town") and Jim Lynch. On appeal, plaintiff's two assignments of error are (1) the trial court erred in granting summary judgment in favor of the Town as the public duty doctrine no longer applies as a defense for the municipal provision of fire protection services after the North Carolina Supreme Court...

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