Fussell v. North Carolina Farm Bureau Mutual Insurance

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 knocked on plaintiffs’ doors and, receiving no answer, nevertheless turned on the water and left after confirming that the water meter was running. We…