Legal Opinion

Gunkel v. Renovations, Inc.

Indiana Supreme Court

Decided February 1, 2005No. 76S01-0403-CV-133PublishedCited by 75 opinions

1Opinion of the Court

BOEHM, Justice.

We hold that damages recoverable in tort for a defective product or service are governed by the "economic loss" doctrine whether or not the product or service is supplied in a transaction subject to either the Products Liability Act or the Uniform Commercial Code, or both. Under the doctrine, physical injuries and damages to other property are recoverable in tort, but damages to the defective product itself are not. Whether damaged property is "other property" turns on whether it was acquired by the plaintiff as a component of the defective product or was acquired separately.

Fac…

2Cases cited31 opinions

  1. East River Steamship Corp. v. Transamerica Delaval Inc.Supreme Court of the United States · 1986
  2. Seely v. White Motor Co.California Supreme Court · 1965
  3. Casa Clara Condo. Ass'n v. Charley Toppino and Sons, Inc.Supreme Court of Florida · 1993
  4. Neibarger v. Universal Coopertives, Inc.Michigan Supreme Court · 1992
  5. Colonial Penn Insurance v. GuzorekIndiana Supreme Court · 1997

26 more not listed; retrieve them via the Exa API.

3Cited by75 opinions

  1. Monroe Guaranty Insurance Co. v. Magwerks Corp.Indiana Supreme Court · 2005
  2. Indianapolis-Marion County Public Library v. Charlier Clark & Linard, P.C.Indiana Supreme Court · 2010
  3. Row v. HoltIndiana Supreme Court · 2007
  4. City of North Vernon v. Jennings Northwest Regional UtilitiesIndiana Supreme Court · 2005
  5. Hyundai Motor America, Inc. v. GoodinIndiana Supreme Court · 2005

70 more not listed; retrieve them via the Exa API.

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