Any county, municipal corporation or fire protection district performing any of the services authorized by this Article shall be subject to the same authority and immunities as a county would enjoy in the operation of a county fire department within the county, or a municipal corporation would enjoy in the operation of a fire department within its corporate limits.
No liability shall be incurred by any municipal corporation on account of the absence from the city or town of any or all of its fire-fighting equipment or of members of its fire department by reason of performing services authorized by this Article.
Members of any county, municipal or fire protection district fire department shall have all of the immunities, privileges and rights, including coverage by workers' compensation insurance, when performing any of the functions authorized by this Article, as members of a county fire department would have in performing their duties in and for a county, or as members of a municipal fire department would have in performing their duties for and within the corporate limits of the municipal corporation. (1951, c. 820, s. 8; 1979, c. 714, s. 2.)
Notes of Decisions
Cited in
8
cases (
4 in the last 5 years), 1987–2022 · leading case:
Luhmann v. Hoenig, 588 S.E.2d 550 (N.C. Ct. App. 2003).
Luhmann v. Hoenig, 588 S.E.2d 550 (N.C. Ct. App. 2003).
· cites it 62× “§ 58-82-5 does not apply and contends that N.C. Gen.Stat. § 69-25.8 applies to defendants.”
Geiger v. Guilford Coll. Cmty. Volunteer Firemen's Ass'n, 668 F. Supp. 492 (M.D.N.C. 1987).
· cites it 3× “N.C.G.S. § 69-25.8 grants every county performing statutorily authorized fire protection services with the same immunities that “a county would enjoy in the operation of a county fire department within the county, or a municipal corporation would enjoy in the operation of a fire…”
Luhmann v. Hoenig, 597 S.E.2d 763 (S.C. 2004).
· cites it 6× “Judge Wynn dissented, concluding that defendants were entitled to sovereign immunity from the suit pursuant to N.C.G.S. § 69-25.8, which provides sovereign immunity for fire protection districts.”
Providence Volunteer Fire Dep't, Inc. v. Town of Weddington (N.C. 2022).
· cites it 12× “6, which empowers municipal corporations “to make contracts to carry out the purposes of this Article [concerning rural fire protection]” and upon N.C.G.S. § 69-25.8, which allows any county or municipal corporation that is “performing any of the services PROVIDENCE VOLUNTEER…”
Providence Volunteer Fire Dep't, Inc. v. Town of Weddington (N.C. 2022).
· cites it 12× “6, which empowers municipal corporations “to make contracts to carry out the purposes of this Article [concerning rural fire protection]” and upon N.C.G.S. § 69-25.8, which allows any county or municipal corporation that is “performing any of the services PROVIDENCE VOLUNTEER…”
Providence Volunteer Fire Dep't, Inc. v. Town of Weddington (N.C. 2022).
· cites it 12× “6, which empowers municipal corporations “to make contracts to carry out the purposes of this Article [concerning rural fire protection]” and upon N.C.G.S. § 69-25.8, which allows any county or municipal corporation that is “performing any of the services PROVIDENCE VOLUNTEER…”
Providence Volunteer Fire Dep't, Inc. v. Town of Weddington (N.C. 2022).
· cites it 12× “6, which empowers municipal corporations “to make contracts to carry out the purposes of this Article [concerning rural fire protection]” and upon N.C.G.S. § 69-25.8, which allows any county or municipal corporation that is “performing any of the services PROVIDENCE VOLUNTEER…”
LUHMANN v. Hoenig, 603 S.E.2d 167 (N.C. Ct. App. 2004).
· cites it 2× “" Hoenig exited the truck and observed plaintiff lying on the ground. Defendants presented nothing to rebut this evidence, but relied on their assertion of immunity as a defense toplaintiff's claim.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.