Luhmann v. Hoenig

WAINWRIGHT, Justice.

On 26 February 2000, a brush fire started in plaintiff Luhmann’s neighborhood. Defendant Cape Carteret Volunteer Fire and Rescue Department, Inc. responded to the fire with several vehicles. Two of the vehicles, a tanker truck and a pumper truck, were connected to one another by a fire hose.

While the fire was being extinguished, plaintiff approached the trucks to speak with a fireman. Plaintiff was not asked to leave the area. As plaintiff was speaking with the fireman, Fire Chief Harold Henrich instructed defendant, fireman Billy Hoenig (“Hoenig”), to leave the scene and…