Galbraith v. Vangas, Inc.

WALTERS, Chief Judge.

This case involves the issue of applicable statutes of limitation, where property damage occurs as a result of the explosion of a propane water heater in a residence. We are asked to determine, first, whether the action properly lies in contract, rather than tort, triggering the applicability of the statutes of limitation relating to contracts. Second, if the action properly lies in tort, then did the cause of action accrue when the water heater was installed, or did it accrue upon the subsequent explosion, when the property damage occurred?

The water heater was installed…