This section contains the nature of the case and procedural background.

P purchased a furnace from D, which D installed. The furnace caused a fire which destroyed P's home and its contents. There were no physical injuries. Ps were insured by plaintiff State Farm Fire & Casualty Company, who paid $43,782.49 as a result of the loss. State Farm Fire sued D seeking subrogation. Ps filed a separate action seeking additional compensation for economic loss, alleging negligence in installation. Ps claimed emotional distress, fright, mental anguish, and loss of income. D moved for partial summary judgment with respect to P's emotional distress claim. The trial court denied the motion. The court ruled that the contract involved a necessity and therefore the contract became non-commercial. It ruled that in a catastrophic failure, it was foreseeable that emotional distress would result. The court denied the motion.

The legal issues presented in this case will be displayed here.

The court's holding and decision will be displayed here.

Legal analysis from Dean's Law Dictionary will be displayed here.