McGowan v. Cooper Industries, Inc.

I concur with the panel majority’s disposition of sections III, IV, and V of its opinion; however, I cannot in conscience join the panel majority in its disposition of sections II and III of its decision wherein, by an erroneous application of § 324A Second Restatement of Torts, it forecloses individuals, firms, and corporations from limiting the liability of their contractual commitments.

The district court in the instant case excluded the testimony of George Green (Green) and Phil Wyatt (Wyatt), employees of Pennwalt (Pennwalt), a third-party defendant to this controversy, implicating…