Peck v. Arcudi Oil Co.

Kenton-Walker, Janet, J.

Third Party Defendant, Cushing Jammallo & Wheeler (“CJW”), moves to dismiss TMC Services, Inc.’s (“TMC") third-party complaint on the grounds that (1) TMC has failed to plead facts sufficient to support a claim against CJW; and (2) as a matter of law, as a Licensed Site Professional, CJW is not subject to a claim for contribution from a third parly.

To summarize the facts: Arcudi Oil Company (“Arcudi”) mistakenly delivered one-hundred gallons of oil to the home of Thomas and Patricia Peck (“Pecks”), which resulted in oil contamination of Pecks’ home, yard and nearby…