Parnell v. Farmers Telephone Cooperative

Bell, Judge:

John Joseph Parnell commenced this negligence action against the Farmers Telephone Cooperative, alleging the Cooperative disrupted his telephone service causing him substantial business losses. The Cooperative pleaded as an affirmative defense Parnell’s failure to file a written claim for his losses within sixty days after disruption of service as required by the Cooperative’s tariffs. At the close of Parnell’s evidence, the trial judge granted the Cooperative’s motion for an involuntary nonsuit on the ground that no written claim was filed within sixty days. Parnell appeals. We…