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LUHMANN v. HOENIG

No. 664A03.

597 S.E.2d 763 (2004)

358 N.C. 529

Eric John LUHMANN v. Billy HOENIG and Cape Carteret Volunteer Fire and Rescue Department, Inc.

Supreme Court of North Carolina.

June 25, 2004.

Attorney(s) appearing for the Case

Wheatly, Wheatly, Nobles, Weeks, Valentine & Lupton, P.A., by C.R. Wheatly, Jr. and Stevenson L. Weeks, Beaufort, and Gaskins & Gaskins, P.A., by Herman E. Gaskins, Jr., Washington, for plaintiff-appellant.

Cranfill, Sumner & Hartzog, L.L.P., by Edward C. LeCarpentier III, Raleigh, for defendant-appellants.

WAINWRIGHT, Justice.

On 26 February 2000, a brush fire started in plaintiff Luhmann's neighborhood. Defendant Cape Carteret Volunteer Fire and Rescue Department, Inc. responded to the fire with several vehicles. Two of the vehicles, a tanker truck and a pumper truck, were connected to one another by a fire hose.

While the fire was being extinguished, plaintiff approached the trucks to speak with a fireman. Plaintiff...

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