This section contains the nature of the case and procedural background.

P's five brick buildings were destroyed by fire. The fire started on the sixth floor, and a sprinkler system was in place and had been tested two days before. Firefighters in violation of accepted practice chose not to fight the fire with the sprinklers but instead decided that they would use hoses. All of P's buildings were destroyed along with their contents. P sued D, and the jury awarded $850,000. The trial judge granted judgment n.o.v. for D under the state's statutory discretionary immunity. P appealed.

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