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WAGGONER v. TROUTMAN OIL CO., INC.

No. 94-622.

894 S.W.2d 913 (1995)

320 Ark. 56

Ben WAGGONER and Suzanne Waggoner, his wife, Appellants, v. TROUTMAN OIL COMPANY, INC.; Billy S. Sublett; and Jim Reese, d/b/a J & S Quickstop, Appellees.

Supreme Court of Arkansas.

March 20, 1995.

Attorney(s) appearing for the Case

Phillip Farris, Batesville, for appellant.

Marci Talbot Liles, Little Rock, for Billy S. Sublett.

R. Kenny McCulloch, Little Rock, for Troutman Oil Co., Inc.

GLAZE, Justice.

This case raises the issue concerning whether this court should adopt the Fireman's Rule. Ben Waggoner, a volunteer fireman for the Mt. Vernon Fire Department, was working at his business on the day Billy Sublett drove his pickup truck into an above-ground kerosene storage tank owned by Jim Reese. Reese was operating a business called J & S QuickStop and the storage tank was part of that business. Waggoner was only about 200 feet from the truck...

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