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Williams v. Scotland County

11/16/2004

artment of any request for fire protection anywhere in the county. The city fire department then determines and dispatches the appropriate fire-fighting department and equipment. The deposition of the city fire department dispatcher clearly sets forth these dual roles for the city fire department:


Q: Now, is it correct that the way the system is set up in Scotland County is that the fire department has basically two separate roles. The first role is involved with a 9-1-1 system where they have the responsibility of determining which fire department needs to be called to a particular incident?


A: Correct.


Q: And the second role or responsibility is that if it's in the Laurinburg Fire District, to actually go to a fire and fight the fire?


A: Correct.


Q: Do you agree that these are two different functions that you're performing there at the fire station?


A: Correct.


Because the evidence presented by the parties, viewed in the light most favorable to plaintiff, presents a genuine issue of material fact as to whether the city fire department was acting solely as a provider of fire protection services or in additional capacities as a dispatcher, defendant's motion for summary judgment was properly denied.


Affirmed.


Chief Judge MARTIN and Judge TIMMONS-GOODSON concur.




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