Simpson v. Phone Directories Co.

Plaintiff brought this action charging defendants with gross negligence and breach of contract for omitting his name from Yellow Pages telephone listings. The gross negligence claims were dismissed for failure to state ultimate facts sufficient to constitute a claim. ORCP 21 A. On the contract claims defendants filed motions for partial summary judgment, seeking enforcement of the limitation of liability clauses in the contracts. The trial court granted those motions, restricting plaintiffs recovery to the amount which he had paid for the listings. Judgment was entered against Pioneer…