Estey v. MacKenzie Engineering Inc.

Plaintiff appeals a Court of Appeals’ decision affirming a circuit court’s grant of summary judgment in favor of defendants on plaintiffs claims for negligence, negligent misrepresentation, and breach of contract. Estey v. MacKenzie Engineering Inc., 137 Or App 1, 902 P2d 1220 (1995). The dis-positive issue is whether a clause in the parties’ contract limiting defendants’ liability “to the Contract Sum” applies to plaintiffs negligence claim. We hold that the clause does not limit defendants’ liability for negligence. Accordingly, we reverse the contrary ruling of the Court of Appeals.

Plaintif…