United States Fourth Circuit
Severn Peanut Co. v. Industrial Fumigant Co., 15-1063
In a contract action arising after a fire arising after defendant's attempted fumigation of plaintiff's peanut dome damaged the structure and destroyed 20 million pounds of peanuts, the district court's grant of summary judgment to defendant is affirmed where: 1) the contract's consequential damages exclusion bars plaintiff's breach of contract claim; and 2) North Carolina's economic loss doctrine prohibits recovery for purely economic loss in tort when a contract operates to allocate risk.
Appellate Information
- Published 2015/12/02
Judges
- WILKINSON
Court
- United States Fourth Circuit