STANLEY v. TURTLE MOUNTAIN GAS & OIL

Civil Nos. 970047-970050.

567 N.W.2d 345 (1997)

1997 ND 169

Wayne STANLEY, Plaintiff and Appellant, v. TURTLE MOUNTAIN GAS & OIL, INC., Defendant. and Ranger Oil Company, formerly known as Kissinger Petroleum Corporation, Defendant and Appellee, and Ampolex (Texas), Inc., Defendant. Robert STEEVES, Plaintiff and Appellant, v. TURTLE MOUNTAIN GAS & OIL, INC., Defendant. and Ranger Oil Company, formerly known as Kissinger Petroleum Corporation, Defendant and Appellee, and Ampolex (Texas), Inc., Defendant. Carolyn R. JOHNSON, Plaintiff and Appellant, v. TURTLE MOUNTAIN GAS & OIL, INC., Defendant, and Ranger Oil Company, formerly known as Kissinger Petroleum Corporation, Defendant and Appellee, and Ampolex (Texas), Inc., Defendant. Tim SCHNEIDERMAN, Brad Johnson, David Steeves and Luci Steeves, Plaintiffs and Appellants, v. TURTLE MOUNTAIN GAS & OIL, INC., Defendant. and Ranger Oil Company, formerly known as Kissinger Petroleum Corporation, Defendant and Appellee. AMPOLEX (TEXAS), INC., Defendant and Third-Party Plaintiff, v. William F. STANLEY, Jr., d/b/a Stanley Welding Shop and Stanley Welding Inc., Third-Party Defendants.

Supreme Court of North Dakota.

August 14, 1997.


Attorney(s) appearing for the Case

Collin P. Dobrovolny (appearance), of McGee, Hankla, Backes & Wheeler, Ltd., Minot, for plaintiff and appellant Wayne Stanley.

Jack Marcil (on brief), of Serkland, Lundberg, Erickson, Marcil & McLean, Ltd., Fargo, for plaintiff and appellant Robert Steeves.

Orell D. Schmitz (appearance), of Schmitz, Moench & Schmidt, Bismarck, for plaintiff and appellant Tim Schneiderman.

David R. Bossart (argued), of Conmy, Feste, Bossart, Hubbard & Corwin, Ltd., Fargo, for plaintiffs and appellants David and Luci Steeves.

Steven C. Lian, of Farhart, Lian, Maxson, Louser & Zent, Minot, for defendant and appellee Ranger Oil Company.


SANDSTROM, Justice.

[¶ 1] Volunteer firefighters were seriously injured while fighting a fire at an oilfield tank battery. The firefighters and family members (firefighters) sued the owner-operator of the tank battery, and also sued former owner-operators. They settled their suits against the owner-operator. We are asked to decide if the firefighters may continue their negligence lawsuits against the former owner-operators who neither concealed nor failed to...

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