Peavey Electronics Corp. v. Baan U.S.A., Inc.

MYERS, P.J.,

for the Court.

¶ 1. Peavey Electronics Corporation brought suit against Baan U.S.A., Inc., seeking millions of dollars in damages for software and software support it alleges were defective. Peavey sought to recover under two theories, one based on tort and the other on breach of contract and warranty. At issue on appeal are two summary judgment motions granted in favor of Baan; the trial court entered summary judgment for Baan after dismissing Peav-ey’s tort and services contract claims on the statute of limitations and dismissing Peavey’s contract and warranty claims on the sale…