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FUSSELL v. FARM BUREAU MUT. INS. CO.

No. 369A09.

695 S.E.2d 437 (2010)

Milton K. FUSSELL and Teresa Fussell v. NORTH CAROLINA FARM BUREAU MUTUAL INSURANCE COMPANY, INC., Pacesetters Realty, Inc. of Wake County, the Town of Apex, and Thomas Cooper.

Supreme Court of North Carolina.

June 17, 2010.

Attorney(s) appearing for the Case

Manning, Fulton & Skinner, P.A., by Michael S. Harrell, Raleigh, for plaintiff-appellees.

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

EDMUNDS, Justice.

In this case we consider whether plaintiffs' allegations of negligence against defendant Town of Apex ("defendant" or "Apex") adequately pleaded the element that defendant owed plaintiffs a duty of care. The complaint alleges that plaintiffs' property was damaged by flooding that resulted when, in response to a telephone call requesting that the water be turned on at the residence on the property, an agent or employee of Apex

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