Davis v. Messer

Citation462 S.E.2d 508,341 N.C. 647
Decision Date05 October 1995
Docket NumberNo. 298P95,298P95
PartiesDanny E. DAVIS and Ann H. Davis v. Leonard MESSER, Individually and in his official capacity as Chief of the Waynesville Fire Department, The Town of Waynesville, a North Carolina Municipal Corporation, The Waynesville Fire Department and Haywood County.
CourtUnited States State Supreme Court of North Carolina

Frederick S. Barbour, Asheville, for Town of Waynesville.

Michael G. Gibson, Brien D. Stockman, Charlotte, for Davis, et al.

W. Bradford Searson, Asheville, for Messer.

Stephen G. Ellis, Waynesville, for Haywood County.

Prior report: 119 N.C.App. 44, 457 S.E.2d 902.

ORDER

Upon consideration of the petition filed by Defendant (Leonard Messer) in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

"Denied by order of the Court in conference, this the 5th day of October 1995."

To continue reading

Request your trial
15 cases
  • Mullis v. Sechrest
    • United States
    • North Carolina Court of Appeals
    • May 6, 1997
    ... ... See, e.g., Davis v. Messer, 119 N.C.App. 44, 58, 457 S.E.2d 902, 911, disc. review denied, 341 N.C. 647, 462 S.E.2d 508 (1995) ("[I]t is well established that public ... ...
  • Hyde v. Abbott Laboratories, Inc.
    • United States
    • North Carolina Court of Appeals
    • August 20, 1996
    ...could be proved in support of the claim." Davis v. Messer, 119 N.C.App. 44, 51, 457 S.E.2d 902, 906-07, disc. review denied, 341 N.C. 647, 462 S.E.2d 508 (1995). N.C.G.S. § 75-16 governs the determination of standing for redress of Chapter 75 violations. Cf. La Notte, Inc. v. New Way Gourme......
  • Stone v. North Carolina Dept. of Labor
    • United States
    • North Carolina Supreme Court
    • February 6, 1998
    ...county for negligence in their failure to complete their effort to extinguish a fire in plaintiff's home), disc. rev. denied, 341 N.C. 647, 462 S.E.2d 508 (1995); Prevette v. Forsyth County, 110 N.C.App. 754, 758, 431 S.E.2d 216, 218 (holding that the public duty doctrine applied to bar wro......
  • Watts v. Nc Dept. of Environment
    • United States
    • North Carolina Court of Appeals
    • March 20, 2007
    ... ... Davis v. Messer, 119 N.C.App. 44, 56, 457 S.E.2d 902, 910 (Holding the plaintiffs' allegations that "the Town ... promised it would provide ... ...
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT