Ellison v. Gambill Oil Co.

Annotate this Case

Download PDF

IN THE SUPREME COURT OF NORTH CAROLINA No. 541A07 FILED: 18 JUNE 2009 JERRY ELLISON, Executor of the Estate of Kate H. Ellison, Plaintiff v. GAMBILL OIL COMPANY, INC., J. GWYN GAMBILL, INCORPORATED, and JIM GAMBILL; GUNVANTPURI B. GOSAI and B&B MINI MART, INC.; and ARLIS TESTER d/b/a TESTERS GARAGE AND MUFFLER SHOP and/or TESTERS SHELL & MUFFLER SHOP, Defendants J. GWYN GAMBILL, INCORPORATED, Third Party Plaintiff Supreme Court v. JEFF BARRETT d/b/a BARRETT PETROLEUM EQUIPMENT, Third Party Defendant RUDRAM ENTERPRISES, INC., Cross-Plaintiff-Intervenor v. Slip Opinion J. GWYN GAMBILL, INCORPORATED, JIM GAMBILL, and JEFF BARRETT d/b/a BARRETT PETROLEUM EQUIPMENT Appeal pursuant to N.C.G.S. § 7A-30(2) from the decision of a divided panel of the Court of Appeals, 186 N.C. App. 167, 650 S.E.2d 819 (2007), reversing both a judgment entered 31 August 2005, and an order denying a motion for judgment notwithstanding the verdict or a new trial entered 10 November 2005, by Judge Charles Lamm in Superior Court, Watauga County, and remanding for a new trial. Court 17 November 2008. Heard in the Supreme On 11 December 2008, this Court ex mero motu withdrew its previous order, dated 10 April 2008, and allowed plaintiff s petition for discretionary review as to additional issues. Sigmon, Clark, Mackie, Hutton, Hanvey & Ferrell, P.A., by Warren A. Hutton and Forrest A. Ferrell, for plaintiff-appellant. -2The Reeves Law Firm, PLLC, by Jimmy D. Reeves and John B. Jak Reeves; and Walker & DiVenere, by Tamara C. DiVenere, for defendant-appellees J. Gwyn Gambill, Incorporated and Jim Gambill. di Santi Watson Capua & Wilson, by Frank C. Wilson, III, for defendant-appellees Gunvantpuri B. Gosai and B&B Mini Mart, Inc. PER CURIAM. The decision of the Court of Appeals is affirmed. Discretionary review was improvidently allowed as to the additional issues. AFFIRMED; DISCRETIONARY REVIEW IMPROVIDENTLY ALLOWED.

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.