Ameritech Publishing, Inc. v. Strachan

OPINION

KIRSCH, Judge.

Indiana Bell Telephone Co. ("Indiana Bell") and Ameritech Publishing, Inc. ("Ameritech") appeal the trial court's denial of their motions to dismiss the suit filed against them by Mark Strachan d/b/a American Muffler and Brake West ("American Muffler"), raising several issues, one of which we find dispositive:

Whether a telephone service provider or a company that bills through it may be held liable under tort law when the utility disconnects a customer's service for non-payment of the billed item when the utility's tariff allows disconnection under the cireumstances.

We…