Sommer v. Federal Signal Corp., 79 N.Y.2d 540 (1992)
New York Court of Appeals
Found by Cases addressing whether a contractual service failure can constitute gross negligence.
Why this case: The court considered an alarm company's duties, an exculpatory clause, and conduct alleged to exceed ordinary negligence.
Matched passage: “Gross negligence, when invoked to pierce an agreed-upon limitation of liability in a commercial contract, must ‘smack of intentional wrongdoing.’”