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Wilson v. McLeod Oil Co.12/5/1990
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 were liable for the contamination of plaintiffs' wells with gasoline. Defendants filed third-party complaints against Hilda Baxter, individually and as representative of the Estate of Clifton E. Baxter; Alamance Oil Company, Inc. (Alamance); and the Warren family.
On 1 December 1987, the Pagura family filed a motion to intervene as plaintiffs in the action, and this motion was granted in an order entered on 7 March 1988. On 22 March 1988, the original plaintiffs and intervenor plaintiffs filed a motion to amend their complaints to include third-party defendants, the Warrens and Alamance, as defendants. This motion was denied. Plaintiffs and intervenor-plaintiffs voluntarily dismissed their claims against McLeod Oil and Amoco Oil after discovering that these companies had not serviced the property in question. Midway Oil Company (Midway), which is a sister company to McLeod Oil, provided gasoline to some of the tanks, but Midway is not a defendant in this action. Midway is a defendant in a separate action.
Defendants and third-party defendants all filed motions for summary judgment. Plaintiffs and intervenor-plaintiffs filed a motion for partial summary judgment. The trial judge denied plaintiffs' motion for partial summary judgment and granted summary judgment as to all defendants and third-party defendants.
Defendants and third-party plaintiffs McLeod Oil Company and Loren Tompkins gave notice of appeal to the Court of Appeals as to the orders granting summary judgment in favor of Hilda Baxter, Otis and Glenda Warren, and Alamance. Adrian Simmons gave notice of appeal to the Court of Appeals as to summary judgment granted in favor of Alamance and Hilda Baxter. Defendant George Riggan died during the course of this action, and his estate was substituted as a defendant and third-party plaintiff. The Estate of George Riggan appealed the grant of summary judgment in favor of Loren Tompkins, Adrian Simmons, Hilda Baxter, the Warrens, and Alamance. The Riggan Estate later withdrew
its appeal as to the Warrens except for Otis and Glenda Warren. Plaintiffs and intervenor plaintiffs gave notice of appeal as to the summary judgments in favor of Loren Tompkins, Adrian Simmons, George Riggan, Alamance, and Otis and Glenda Warren. Plaintiffs and intervenor-plaintiffs also gave notice of appeal of the denial of their motion to amend their respective complaints.
In its majority opinion, the Court of Appeals held that the trial court correctly entered summary judgment for the third-party defendants. The majority of the panel further held that the trial court correctly entered summary judgment in favor of all defendants as to Ms. White's claims against them. The Court of Appeals reversed the summary judgment granted in favor of defendants Loren Tompkins, Adrian Simmons, and the Estate of George Riggan. Wilson v. McLeod Oil Co., 95 N.C. App. 479, 493, 383 S.E.2d 392, 400 (1989). Judge Wells, dissenting in part, concluded that summary judgment was properly entered for Loren Tompkins and that summary judgment was improperly entered in favor of Otis and Glenda Warren, third-party defendants. Id. at 494, 383 S.E.2d at 400 (Wells, J., dissenting). Plaintiffs
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