KAZMAIER SUPERMARKET, INC., v. TOLEDO EDISON CO.

No. 90-1239.

61 Ohio St.3d 147 (1991)

KAZMAIER SUPERMARKET, INC., APPELLEE, v. TOLEDO EDISON COMPANY, APPELLANT.

Supreme Court of Ohio.

Decided July 17, 1991.


Attorney(s) appearing for the Case

Gary F. Kuns, for appellee.

Fred J. Lange and Douglas J. Hogan, for appellant.

Lee I. Fisher, Attorney General, James B. Gainer and William L. Wright, urging reversal for amicus curiae, Public Utilities Commission of Ohio.


HOLMES, J.

Based upon the stance of this matter relative to the contract between the parties for electrical services, it is understandable that some confusion existed as to the exact nature of the plaintiff's claim. It does have the elements and characteristics of a common-law right to be asserted in tort or in contract; however, when the plaintiff's complaint is viewed in the light of public policy considerations and pronouncements by the General Assembly and by...

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