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VAUGHN v. DANIELS CO. (WEST VIRGINIA), INC.

No. 14S01-0602-CV-37.

841 N.E.2d 1133 (2006)

Stephen L. VAUGHN and Melinda Vaughn, Appellants (Plaintiffs below), v. DANIELS COMPANY (WEST VIRGINIA), INC and Solar Sources, Inc., Appellees (Defendants below).

Supreme Court of Indiana.

Rehearing Denied May 11, 2006.

Attorney(s) appearing for the Case

J. Kevin King, Peter Campbell King, Columbus, for Appellants.

Jeffrey W. Ahlers, Todd C. Barsumian, Evansville, for Appellee, Daniels Company, Inc.

R. Steven Johnson, Terre Haute, for Appellee, Solar Sources, Inc.

Knight S. Anderson, Indianapolis, James D. Johnson, Evansville, for Amicus Curiae, Defense Trial Counsel of Indiana.

On Petition To Transfer from the Indiana Court of Appeals, No. 14A01-0111-CV-408.

BOEHM, Justice.

We hold that "use" of a product under the Indiana Products Liability Act does not include assembly and installation where the seller retains an obligation or arrangement with the purchaser to deliver a fully assembled and installed product. Because the plaintiff was injured in the process of installing the product on behalf of its supplier, he is not a consumer...

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