New Light Co. v. Wells Fargo Alarm Services

How courts have described this case

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

• holding that public policy prevents parties from limiting damages for “gross negligence or willful and wanton misconduct”
• noting that an exculpatory clause that excluded liability for gross negligence and willful and wanton misconduct was contrary to Nebraska public policy
• relying on New York law characterizing gross negligence as \conduct that evinces a reckless indifference @to the rights of others\
• relying on New York law characterizing gross negligence as “conduct that evinces a reckless indifference to the rights of others”
• remanding for further proceedings as to whether failure to install fire-sensing device in room with main fire alarm control panel was willful and wanton
• balancing the right to contract freely against the interest in protecting the public, and concluding that a provision insulating a party from damages caused by its willful and wanton conduct is against public policy because such reckless conduct has a tendency to be injurious to the public

Source: CourtListener parenthetical corpus (CC0).