Brian Humphries, a resident of Wayne, NJ, had electricity provided to his home by PSEamp;G. Humphries had always paid his bill on time.

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.