CHRUM V. CHARLES HEATING & COOLING, INC.
327 N.W.2d 568 (1982)
NATURE OF THE CASE: Cooling (D) appealed a judgment, which denied its motion for partial
summary judgment to dismiss Chrum's (P) emotional distress claim.
FACTS: 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
noncommercial. It ruled that in a catastrophic failure, it was foreseeable that emotional
distress would result. The court denied the motion.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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