Foreman v. Pettit Unlimited, Inc.

MIRABAL, Justice,

concurring.

I write this concurring opinion to clarify a few matters I consider to be material.1

In his petition, appellant Foreman set forth the following factual allegations:

On or about July 13,1989, the Plaintiffs home, its contents and Plaintiffs yard were consumed and destroyed or damaged by a fire which started in a circuit breaker box, manufactured by General Electric Company and located in Plaintiffs garage. Plaintiff was in the front yard of his home on July 13, 1989, cutting the lawn. He entered his home to wash his hands and noted the lights were dim. After washing his hands Plaintiff noticed the lights in his home were beginning to blink and flicker. Plaintiff went upstairs to turn off the air conditioner and when he returned downstairs he heard a crackling noise. Upon investigating, he discovered the noise was coming from the garage. He opened the door leading from the house to the garage and noticed sparks coming from the circuit breaker panel. Plaintiff immediately opened the roll-up garage door, at which time he noticed flames coming from behind the circuit breaker panel.

This is not a case involving an absent property owner who returns home to find his house burned down, with no clue about where or how the fire started. It is uncontroverted that Foreman was at home and knew from the beginning that the fire started in the circuit breaker panel.

I agree that the limitations period for Foreman’s causes of action against Pettit, who had serviced the circuit breaker panel, began to run on July 13,1989, the date of the fire.

. The majority opinion in this case issued on September 8, 1994.