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ARLINGTON FOREST ASSOCIATES v. EXXON CORP.

Civ. No. 91-0369-A.

774 F.Supp. 387 (1991)

ARLINGTON FOREST ASSOCIATES, Plaintiff, v. EXXON CORPORATION, Defendant/Third-Party Plaintiff, v. William T. BRYDEN, Third-Party Defendant.

United States District Court, E.D. Virginia, Alexandria Division.

September 19, 1991.

Attorney(s) appearing for the Case

Thomas Earl Patton, Schnader, Harrison, Segal and Lewis, Washington, D.C., for Arlington Forest Associates.

Mary Elizabeth Brobson, Piper & Marbury, Washington, D.C., for Exxon Corp.

MEMORANDUM OPINION

ELLIS, District Judge.

This case presents the question, unresolved in Virginia, whether the storage and removal of gasoline in underground tanks is an "abnormally dangerous" activity for which strict liability should be imposed.

The matter is before the Court on defendant Exxon Corporation's ("Exxon") motion for partial summary judgment with respect to counts II (strict liability) and V (contractual indemnity) of the complaint...

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