Vidafuel, Inc. v. Kerry, Inc.

in which the Plaintiff-Appellant agreed to order beverage products manufactured by the
Defendant-Appellee. The delivered products were nonconforming, and the Plaintiff-
Appellant thereafter filed suit asserting common law tort claims and alleging violation of
the Tennessee Consumer Protection Act. Upon motion of the Defendant-Appellee,
however, the trial court dismissed the lawsuit. As part of its order of dismissal, the trial
court held that the asserted common law tort claims were barred by the economic loss
doctrine and ruled that the Tennessee Consumer Protection Act claim was barred by the
statute of limitations. For the reasons stated herein, we affirm the trial court’s judgment of
dismissal.