Helvey v. Wabash County REMC
Indiana Court of Appeals
278 N.E.2d 608 (1972)
- Written by Robert Cane, JD
Facts
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
Issue
Holding and Reasoning (Robertson, J.)
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