Brian Humphries, a resident of Wayne, NJ, had electricity provided to his home by PSE&G. Mr. Humphries had always paid his bill on time. After purchasing a large flat screen high definition TV for $3000, and other major appliances for his den, a surge of electricity into his home prior to a loss of power on January 30, 2005, caused major damage to the TV and appliances. After several years of arguing and negotiating with PSE&G, they refused to compensate Mr. Humphries for the damage. On February 2, 2009, Mr. Humphries filed suit against PSE&G for $6000 in Passaic County Superior Court. The plaintiff asserts that the defendant breached their service contract by allowing a major electrical surge, causing damage to his property totaling $6000. The defendant counters by making a motion to dismiss, arguing that the contract was a contract for the sale of goods, and, as such, according to the defendant, the UCC applies, the statute of limitations has passed, and the case should be dismissed.
What is the exact issue? How should the case be decided? Cite any cases or legal theories