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Helvey v. Wabash County REMC
Indiana Court of Appeals
278 N.E.2d 608 (1972)
Thomas Helvey (plaintiff) sued Wabash County REMC (REMC) (defendant) for damage to household appliances caused by the furnishing of electricity at a higher voltage than the appliances could handle. Helvey filed his lawsuit more than four years after the damage occurred. REMC filed a motion for summary judgment, arguing the statute of limitations under the Uniform Commercial Code (UCC), which applies to goods, had run. Helvey contended that the provision of electricity was a service, not a good, so that a six-year statute of limitations applied instead of the UCC. The trial court ruled in favor of REMC. Helvey appealed.
Rule of Law
Holding and Reasoning (Robertson, J.)
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