BULBMAN, INC., Appellant/Cross-Respondent, v. NEVADA BELL, Respondent/Cross-Appellant, 108 Nev. 105

Summary

Plaintiff, bulb distributor, sued respondent, public utility, for breach of contract, breach of warranty, and fraud, in connection with the installation of a telephone system. The trial court entered partial summary judgment for respondent, determining that the tariff limitation on liability was valid and enforceable and that there was no basis for the claim in fraud. Plaintiff appealed. The court affirmed the grant of partial summary judgment. The court held that Tariff No. A2's liability limitation applied to the telephone system purchased by the bulb distributor. The court further held that reasonable rates depend on the enforcement of liability limitations in the public utility sector. The court also found that the bulb distributor had the burden of proving each element of the fraud claim by clear and convincing evidence. Here, the bulb distributor failed to a raise a genuine issue concerning whether the public utility either knowingly made false representations or lacked ...