Gollobin v. Air Distributing Co., Inc.

MEMORANDUM OPINION

ELLIS, District Judge.

I

This diversity suit alleges breach of contract, negligence, strict liability, and statutory causes of action growing out of the accidental spillage of heating oil into the basement of plaintiffs’ farm home. The novel question presented by defendant’s dismissal motion is whether Virginia Code § 62.1-44.-34:14, et seq., as amended in 1990, extends strict liability to the discharge of oil onto private lands. 1 An examination of the statute reveals that this broad interpretation is warranted and that the liability imposed by Virginia Code § 62.1 — 44.34:14…