Aulisio v. California Oil Co.

The second third-party defendant pursuant to rule 106 of the Rules of Civil Practice moves to dismiss the complaint of the third-party plaintiff for legal insufficiency. The gravamen of the original complaint is negligence upon a claim that the defendants, including the third-party plaintiff, in violation of their duty to construct, maintain, inspect and repair pumps, tanks and equipment located on the plaintiffs’ premises caused leaks or breaks to develop which permitted gasoline and gasoline fumes to seep and percolate into, upon and through the premises of the plaintiffs with resultant…