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FUSSELL v. NORTH CAROLINA FARM BUREAU

No. COA08-597.

680 S.E.2d 229 (2009)

Milton K. FUSSELL and Teresa Fussell, Plaintiffs, v. NORTH CAROLINA FARM BUREAU, Mutual Insurance Company, Inc., Pacesetters Realty, Inc. of Wake County, the Town of Apex, and Thomas Cooper, Defendants.

Court of Appeals of North Carolina.

August 4, 2009.

Attorney(s) appearing for the Case

Manning, Fulton & Skinner, P.A., by Michael S. Harrell, Raleigh, for plaintiffs-appellants.

Little & Little, PLLC, by Cathryn M. Little, Raleigh, for defendant-appellee the Town of Apex.

GEER, Judge.

Plaintiffs Milton K. and Teresa Fussell appeal from the trial court's order dismissing their claim for negligence against defendant the Town of Apex pursuant to Rule 12(b)(6) of the North Carolina Rules of Civil Procedure. Plaintiffs' complaint, when viewed in the light most favorable to plaintiffs, alleges that the Town's employee turned on the water at plaintiffs' house and left the water turned on when the employee could see that water was running...

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