Ellison v. Gambill Oil Co., Inc.

HUNTER, Judge.

Defendants Jim Gambill (“Gambill”), Gunvantpuri B. Gosai (“Gosai”), and B&B Mini Mart, Inc. (“Mini Mart”) (collectively “defendants”), appeal from the trial court’s denial of their motions for directed verdict, judgment notwithstanding the verdict, and new trial. These defendants, along with defendant J. Gwyn Gambill, Incorporated (“Gambill Inc.”), appeal the trial court’s instructions to the jury as to punitive damages and an exception to the strict liability statute. After careful review, we find that the trial court erred in failing to instruct the jury on the exception to…