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WALTON ELECTRIC MEMBERSHIP CORPORATION v. SNYDER5/22/1997
This case arose over a disputed electrical bill in the amount of $301.28. The chronology of events is as follows:
On August 26, 1992, Deborah Patton, while residing at Kings Mill Run in Clarke County, signed a contract with appellant Walton Electric Membership Corporation ("Walton Electric") and was assigned member account number 402678-01. In September of the following year, 1993, appellee Howard Snyder signed a contract with Walton Electric and was assigned member account number 410826-01; Snyder resided at the Creekview Court apartments in Clarke County.
In October 1993, after she had resided at Kings Mill Run for over a year, Deborah Patton moved into the Creekview Court apartment with Howard Snyder; when she left Kings Mill Run, she had an overdue balance on her electric bill in the amount of $301.28.
Patton and Snyder were married in December 1994. In January 1995, Snyder purchased the Kings Mill Run residence that had been occupied by Deborah Patton, now Snyder, approximately a year and a half earlier. Appellee Snyder applied for electricity to the residence under his existing account; as Walton Electric notes, "no new membership application was required," since Snyder had previously signed such application.
Electric service was begun at appellee Snyder's new residence under Snyder's membership account; however, Walton Electric had become aware that past due account member Deborah Patton was now Snyder's wife. Walton Electric transferred her outstanding debt to Snyder's membership account, which was also assigned a new account number, 410826-02. Snyder protested, and a series of telephone calls ensued which evidently served only to create and increase hostilities between both parties. As an apparent result, Snyder refused to pay the outstanding bill. Snyder claimed that he had not incurred the debt; that his membership account was current; and that Walton Electric could not assess him with a debt belonging to another person. After notice, Walton Electric disconnected Snyder's electricity for approximately 24 hours for the failure to pay the $301.28 plus late fees. Snyder was forced to reside in a motel overnight, and paid the debt "under protest."
Howard Snyder filed suit, claiming an unjustified, wrongful termination of electrical services and seeking actual, as well as punitive, damages; Snyder moved for partial summary judgment on the
issue of liability. Walton Electric filed a cross-motion for summary judgment, claiming that the contractual relationship between Walton Electric and Snyder permitted the termination of appellee's service and thus, Walton Electric was entitled to summary judgment as a matter of law; further, appellant asserted that since Snyder's claim was really one in contract, as opposed to tort, it was entitled to summary judgment on the issue of punitive damages as a matter of law. The trial court granted Snyder's motion for summary judgment as to Walton Electric's tort liability; the trial court denied Walton Electric's cross motions for summary judgment based upon its membership contract with Snyder and as to the issue of punitive damages. Walton Electric appeals. Held:
1. First, Walton Electric challenges the trial court's denial of its motion for summary judgment as to the merits of appellee's claim. Appellant contends that judgment in its favor is warranted as a matter of law because under the regulations and bylaws of Walton Electric, by which terms he agreed to be bound, Snyder became liable for the debt owed to it by Deborah Patton either: (1) when she moved in with appellee Snyder and received Walton Electric services under Snyder's membership account; or (2) when Snyder married her and they
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