McMahon v. Amoco Oil Co.

MEMORANDUM AND ORDER ON DEFENDANT’S MOTIONS TO DISMISS

This case is before the Court on a motion to dismiss filed by Ruth Noons and on amended motions to dismiss of Amoco and Hubbard. Noons has moved to dismiss all counts of the complaint against her pursuant to Mass. R. Civ. P. 12(b)(6). Additionally, a suggestion of the death of Noons has been filed. The defendants Amoco and Hubbard have moved pursuant to Mass. R. Civ. P. 12(b)(6) to dismiss all counts of the complaint against them.

This lawsuit arises out of a leakage of gasoline from an underground storage tank in North Truro. The gasoline…