Ellison v. Gambill Oil Co., Inc.

I concur with the majority opinion that plaintiff’s cross-assignments of error are not preserved for appellate review, and I further agree that the evidence in the instant case would support defendants’ requested instruction on the third-party exception to strict liability under the North Carolina Oil Pollution and Hazardous Substances Control Act (“OPHSCA”), North Carolina General Statutes, sections 143-215.75 et seq. However, I believe that certain defendants — specifically, Gosai and the Mini Mart- — waived the right to such an instruction by not affirmatively pleading and properly arguing…