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AMMONS v. WYSONG & MILES CO.

No. 9218SC861.

431 S.E.2d 524 (1993)

110 N.C. App. 739

Ralph E. AMMONS and wife, Doris C. Ammons; Howard M. Coble and wife, Gladys C. Coble; Teresa L. Daniel; Eva Harris; Pat H. Henard and wife, Ruth Henard; Larry W. Hicks and wife, Louvine I. Hicks; Ruth Miller; Joan Carol Pegram; Claude M. Shropshire and wife, Colean M. Shropshire; A.J. Smithey and wife, Margaret B. Smithey; Ralph E. Smithey and wife, Rachel I. Smithey; Gary K. Staley and wife, Donna S. Staley; and Don Michael Varner, Appellants, v. WYSONG & MILES COMPANY, Appellee.

Court of Appeals of North Carolina.

July 6, 1993.

Attorney(s) appearing for the Case

Egerton, Quinn & David by Nancy P. Quinn, Greensboro, for plaintiff-appellants.

Smith, Helms, Mulliss & Moore by Stephen W. Earp and Ramona J. Cunningham, Greensboro, for defendant-appellee.

EAGLES, Judge.

Appellants contend that the trial court erred by entering summary judgment in favor of the defendants on each of their claims, i.e., strict liability under the Oil Pollution and Hazardous Substances Control Act (G.S. § 143-215.75), negligence, nuisance and trespass. We disagree and affirm.

Summary judgment is granted in favor of the moving party where there is no genuine issue of material fact and the moving party is entitled to...

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