Chrum v. Charles Heating & Cooling, Inc.

327 N.W.2d 568 (1982)

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Nature of the Case

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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 non-commercial. It ruled that in a catastrophic failure, it was foreseeable that emotional distress would result. The court denied the motion.