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ELLISON v. GAMBILL OIL CO., INC.

No. COA06-1016.

650 S.E.2d 819 (2007)

Kate H. ELLISON, Plaintiff v. GAMBILL OIL COMPANY, INC., J. Gwyn Gambill, Incorporated, Jim Gambill, Gunvantpuri B. Gosai and B & B Mini Mart, Inc.; Arlis Tester d/b/a Testers Garage and Muffler Shop and/or Testers Shell & Muffler Shop, Defendants and J. Gwyn Gambill, Inc., Third-Party Plaintiff. Jeff Barrett, doing business as Barrett Petroleum Equipment, Third-Party Defendant and Rudram Enterprises, Inc., Intervenor.

Court of Appeals of North Carolina.

October 2, 2007.

Attorney(s) appearing for the Case

Sigmon, Clark, Mackie, Hutton, Hanvey & Ferrell, P.A., by Warren A. Hutton, Forrest A. Ferrell, and Nancy L. Huegerich, Hickory, for plaintiff-appellee.

Vannoy & Reeves, PLLC, by Jimmy D. Reeves and M. Alexandra Reeves, West Jefferson, for defendant-appellants J. Gwyn Gambill, Inc. and Jim Gambill; Di Santi Watson Capua & Wilson, by Frank C. Wilson, III, Newland, for defendant-appellants Gunvantpuri B. Gosai and B & B Mini Mart, Inc.

HUNTER, Judge.

Defendants Jim Gambill ("Gambill"), Gunvantpuri B. Gosai ("Gosai"), and B & B Mini Mart, Inc. ("Mini Mart") (collectively "defendants"), appeal from the trial court's denial of their motions for directed verdict, judgment notwithstanding the verdict, and new trial. These defendants, along with defendant J. Gwyn Gambill, Incorporated ("Gambill Inc."), appeal the trial court's instructions to the jury as to punitive damages and an exception to the...

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