Thomas v. Mobil Oil Corp.

| TOBIAS, J.,

concurring in the result.

I respectfully concur in the result.

As I read the plaintiffs’ original petition of 5 December 1990, a cause of action for a continuing nuisance committed by the defendants is asserted. In that regard, the subsequent supplemental petitions were unnecessary and unwarranted. The ultimate issue is whether a class action has been stated, but that issue is not presently before this court.