Crumm v. K. Murphy & Co.

CULLEN, J,

Pending before the court is the motion for partial summary judgment filed by defendant, K. Murphy & Company Inc. In its motion, defendant asserts that the addition to plaintiffs’ amended complaint of a claim for pain and suffering represents a new cause of action for bodily injury after the applicable statute of limitations had run. In the alternative, defendant argues that even if the allegations are not barred by the statute of limitations, damages for pain and suffering are not recoverable in an action for breach of contract and breach of warranty or under the Unfair Trade…