SPENGLER V. ADT SECURITY SERVICES, INC. 505 F.3d 456 (6th Cir. 2007) CASE BRIEF

SPENGLER V. ADT SECURITY SERVICES, INC.
505 F.3d 456 (6th Cir. 2007)
NATURE OF THE CASE: Spengler (P) appeals from the district court's dismissal of his tort claim on summary judgment.
FACTS: Spengler (P) signed a services contract with ADT (D) to install and monitor a security alarm at the home of Veronica Barker, his mother. Veronica had a portable call button alarm that she could activate when in distress. She could not speak because of cancer. D had instructions to call P in the event of an alarm from Veronica. An alarm came and D gave the wrong address to the ambulance dispatcher. This delayed arrived by sixteen minutes. Her heart rhythm was asystolic. She never regained consciousness and later died in the hospital. P sued D for tort. The court granted D summary judgment. D breached no duty independent of the parties' agreement.

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