Kelly v. Georgia-Pacific LLC

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• providing that a promisee and promisor do not become fiduciaries to one another by entering into a contract
• holding only economic loss occurred when a product used in constructing a home caused damage to that home
• observing that the rule makes sense, in part, because “parties to a contract do not thereby become each others’ fiduciaries” and thus “generally owe no special duty to one another beyond the terms of the contract”(internal citation omitted)
• finding economic loss rule bars recovery when a warranty operates to allocate risk
• defendant’s “sale of a product with a limited warranty that covers the down-the-stream owner of the product □ □ . does not open [defendant] to a negligence claim for purely economic loss under North Carolina law once the product is sold to a third party”

Source: CourtListener parenthetical corpus (CC0).