Davis v. Messer

JOHN, Judge.

In this negligence action based upon destruction of plaintiffs’ residence by fire, plaintiffs contend the trial court erred by (1) dismissing their action pursuant to N.C.R. Civ. P. 12(b)(6) (1990) as to defendants Fire Chief Leonard Messer (Messer), the Waynesville Fire Department (the Department) and the Town of Waynesville (the Town); and (2) granting the summary judgment motion of defendant Haywood County (the County). We hold the court erred regarding plaintiffs’ claims against the Town and Messer.

In a complaint filed 22 January 1992, plaintiffs claimed their residence had…