WILSON v. McLEOD OIL CO., INC.

No. 506A89.

398 S.E.2d 586 (1990)

327 N.C. 491

Ronald T. WILSON and Marilyn Wilson, Individually, and Ronald T. Wilson as Guardian Ad Litem for Warren Craig Wilson, Christopher Thomas Wilson, and Matthew Reid Wilson, Minor Children; and Wendell Scott Wilson, Guy Hill and Marie Hill, Individually, and Guy Hill as Guardian Ad Litem for Emily Gwen Hill, Minor Child, and Craig Frederick Hill, and C.N. White, Plaintiffs, and Walter Pagura, Shelia Pagura, and Beverly C. Pagura, Individually, and Shelia Pagura as Guardian Ad Litem for Bently Pagura, Minor Child, Intervenor-Plaintiffs, v. McLEOD OIL COMPANY, INC., a North Carolina Corporation, Loren A. Tompkins, Adrian Simmons, George Riggan, and Amoco Oil Company, a Maryland Corporation, Defendants, v. ALAMANCE OIL COMPANY, INC., a North Carolina Corporation, and Hilda M. Baxter, Individually and As Personal Representative for Clifton E. Baxter, Deceased; William Thomas Warren, Clyde H. Warren, Robert C. Warren, James Paul Warren, Odis H. Warren, Otis A. Warren and wife, Glenda Faye Warren, Third-Party Defendants.

Supreme Court of North Carolina.

December 5, 1990.


Attorney(s) appearing for the Case

Smith, Patterson, Follin, Curtis, James, Harkavy & Lawrence by Bryan E. Lessley, Raleigh, for plaintiffs and intervenor-plaintiff-appellants.

Hatch, Little & Bunn by Lucy W. Everett and David H. Permar, Raleigh, for defendant-appellants and appellees McLeod Oil Co., Inc., and Loren A. Tompkins.

Glover & Peterson, P.A. by James R. Glover, Chapel Hill, for defendant-appellant and appellee Estate of George Riggan.

Mark E. Fogel, Raleigh, for defendant-appellant and appellee Adrian F. Simmons.

Henson Henson Bayliss & Sue by Jack B. Bayliss, Jr., Greensboro, for third-party defendant-appellee Alamance Oil Company, Inc.

Carruthers & Roth, P.A. by Kenneth R. Keller and Grady L. Shields, Greensboro, for third-party defendant-appellees Otis A. Warren and Glenda Faye Warren.


FRYE, Justice.

Due to the large number of plaintiffs and defendants in this case, we will begin with a short procedural history to briefly explain the positions of the parties involved in this appeal. The original plaintiffs in this action, the Wilson family, the Hill family, and Ms. White, filed a complaint on 10 July 1986 against McLeod Oil Company, Inc., Loren A. Tompkins, Adrian Simmons, George Riggan, and Amoco Oil Company. This complaint alleged that defendants...

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