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WILSON v. McLEOD OIL CO., INC.

No. 8815SC684.

383 S.E.2d 392 (1989)

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, Sheila Pagura, and Beverley C. Pagura, Individually, and Sheila 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, 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.

Court of Appeals of North Carolina.

September 19, 1989.

Attorney(s) appearing for the Case

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

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

Patrice Solberg, Chapel Hill, for defendant-appellant and appellee Estate of George Riggan.

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

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

Frederick J. Sternberg, Graham, for third-party defendant-appellee Hilda M. Baxter, Individually and as personal representative for Clifton E. Baxter.

Henson Henson Bayliss & Coates by Jack B. Bayliss, Jr., Greensboro, for third-party defendant-appellee Alamance Oil Co.

JOHNSON, Judge.

I

Factual Background

Plaintiffs, Wilson, Hill, White and intervenor-plaintiffs Pagura, are four families who reside in the Hopedale community in Alamance County. Their homes are located at or near the intersection of Sandy Cross and Hopedale-Haw River Roads. One corner of this intersection is a building which once housed a convenience store and gas station (hereinafter Mini Mart...

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