Peavey Electronics Corp. v. Baan U.S.A., Inc., 10 So.3d 945 (Miss. App., 2009)
Apr 07, 2009OUTCOME: Successful result affirmed on appeal
Peavey Electronics Corporation brought suit against Baan U.S.A., Inc., seeking millions of dollars in damages for software and software support it alleges were defective. Peavey sought to recover under ... two theories, one based on tort and the other on breach of contract and warranty. At issue on appeal were two summary judgment motions granted in favor of Baan; the trial court entered summary judgment for Baan after dismissing Peavey's tort and services contract claims on the statute of limitations and dismissing Peavey's contract and warranty claims on the sale of goods as waived by a subsequent contract. Peavey also asserted that the trial court abused its discretion in denying two motions to compel discovery. Trial court's judgment was affirmed.
