Spruill v. Lake Phelps Volunteer Fire Department, Inc.

LAKE, Justice.

The question presented for review is whether the statute affording limited liability to firemen, N.C.G.S. § 58-82-5, exempts a rural fire department from liability for ordinary negligence when a fire department performs acts which relate to the suppression of a reported fire, even though such acts do not occur at the scene of the fire. We conclude that it does. Accordingly, we reverse the decision of the Court of Appeals.

Plaintiff made the following basic allegations in the complaint initiating this action. Defendants are Lake Phelps Volunteer Fire Department, Inc. (Lake Phelps)…