Severn Peanut Co. v. Industrial Fumigant Co., NO. 2:11-CV-14-BO, 2014 U.S. Dist. LEXIS 34507 (E.D. N.C. Mar. 15, 2014)

(plaintiff, a peanut company, hired defendants to fumigate its peanut storage dome; plaintiff filed an action against defendants, alleging that it sustained almost $20 million in damages from a fire it asserts was caused by defendants' improper application of pesticide; plaintiff asserted claims of negligence and breach of contract, and the defendants asserted a defense of contributory negligence; defendants then filed a motion to exclude the testimony from two of plaintiff’s expert witnesses, and a motion for summary judgment; the court denied the motion to exclude, finding that there was a valid scientific foundation for their testimony as to the piling and ignition theories; the court granted summary judgment for defendants on the breach of contract claim, finding that the agreement barred recovery for consequential damages, which comprised plaintiff’s entire loss in the fire; the court denied summary judgment as to the negligence claims, finding that the damage exclusions in the application agreement did not bar recovery; the court also denied summary judgment to defendants on the question of whether the plaintiff could pierce the corporate veil; fact questions remained).