Home (page 4)

Tag Archives: Contract

Tort/Negligence – Contract – Exculpatory Clause – Unfair Trade Practices – Emotional Distress – Fire Alarm (access required)

Bahringer v. ADT Security Services, Inc. The parties’ relationship was one of home security company and customer, i.e., contractual. It does not fit within either of the categories in which the S.C. Supreme Court has found that a special relationship (one marked by a professional duty or supervisor-supervisee) imposes extra-contractual duties. Plaintiff has not explained why defendant’s duties to a wheelchair-bound double amputee may be any different than they would be to an able-bodied customer. Therefore, plaintiff’s negligence action fails.

Read More »

Labor & Employment – Public Employees – Municipal Retirees – Health Insurance – Contract – Estoppel (access required)

Bishop v. City of Columbia Although neither the defendant-city’s employee handbook nor an insurance benefits booklet formed a contract with the plaintiffs – retired police officers and firefighters – the plaintiff-retirees may have been entitled to rely on statements made by their supervisors and city human resources personnel about free health insurance after retirement. We affirm in part and reverse in part the circuit court’s grant of summary judgment to the city.

Read More »

Tort/Negligence – Damages – Contract — Warranty – Civil Practice – Statute of Limitations – Faulty Windows – Wisconsin Law (access required)

Meifert v. MI Windows & Doors, Inc. In their amended complaint, plaintiffs continue to assert that their windows, which were allegedly designed, manufactured, and sold by defendant, caused direct economic loss to the windows and other property in the home and consequential economic loss. Recovery for such damages is barred by the economic loss doctrine.

Read More »