Muller v. Midstates Equipment Service, Inc.

TARIFF, J.,

Presently before the court is a motion for summary judgment on behalf of defendant Mobil Oil Corporation (Mobil).

Plaintiffs commenced the instant trespass action in February, 1974. The complaint alleges that plaintiff Thomas Muller sustained personal injuries on February 8, 1972, when a “gas” pump he was operating “suddenly broke due to a defect.” It further avers that Mobil then owned, operated, managed and controlled, together with co-defendant Midstates Equipment Service, Inc., the *116pump in question. The “negligence and carelessness” of defendants is alleged to have consisted of,…