(DOWNLOAD) "Howard A. Mcwilliams and Mary A." by Supreme Court of Alabama " eBook PDF Kindle ePub Free
eBook details
- Title: Howard A. Mcwilliams and Mary A.
- Author : Supreme Court of Alabama
- Release Date : January 28, 1990
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
This is an appeal from a summary judgment in favor of Union Pacific Resources Company, 1 Dowell Schlumberger, Inc., and
Kennedy Agriculture and Supply, Inc., in an action filed by the McWilliamses for damages based on trespass, negligence, wantonness,
and strict liability. The trial court entered summary judgment with regard to all counts, holding that the statutory period
of limitations had run. Because the applicability of the statute of limitations argument applies to all parties, hereinafter
all appellees shall be referred to collectively as "Union Pacific." We reverse and remand. In 1984, Union Pacific contracted to drill a wildcat oil well on the McWilliamses' property. After drilling was completed,
the well was determined to be a "dry hole," and plugging and abandonment operations began in November of that year. Union
Pacific contracted with Kennedy Agriculture to pump the drilling fluids from the reserve pit back into the well and contracted
with Dowell Schlumberger to plug the well. These operations were completed on November 15, 1984. In the spring of 1986, the
McWilliamses noticed that water was seeping from the reclaimed ground in the area overlying the site of the well. In July
1986, this leakage was discovered to be saltwater and, after Union Pacific and the State Oil and Gas Board were notified,
Union Pacific was ordered to replug the well and was fined $1,500 for violation of the Board rules and regulations regarding
the plugging and abandonment of the well. 2