Darnell v. Taylor

CULPEPPER, Judge.

Plaintiff, Edward Filmore Darnell, lessee and operator of a service station, seeks damages due to leakage of gasoline from an underground storage tank. The defendants are Leary Taylor, lessor under an oral lease with plaintiff; and, alternatively, Pan-Am Southern Corporation, the alleged owner of the premises.

Motions for Summary Judgment filed by each defend at were granted, dismissing plaintiff’s sun. Plaintiff appealed.

We have concluded the defendants are not entitled to Summary Judgment because there are genuine issues as to material facts, which must be tried on the…