Bowling Green Municipal Utilities v. Thomasson Lumber Co.

MEMORANDUM OPINION

HEYBURN, District Judge.

This matter is before the Court on the motion of Defendants, Thomasson Lumber Company and Olin Belcher d/b/a Olin Bel-cher Lumber Company, to dismiss Plaintiffs tort claims as a matter of law. Plaintiff, Bowling Green Municipal Utilities, purchased several hundred allegedly defective utility poles from Defendant Thomasson. Plaintiffs complaint seeks recovery in both tort and contract for the defective goods. Defendants assert that the Court must dismiss Plaintiffs tort claims because they are barred by the “economic loss rule,” which precludes…