Edwards v. Honeywell, Incorporated

50 F.3d 484 (1995)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

D made a contract with a couple named Baker to install and monitor an alarm system in the Bakers' house. Mrs. Baker was working in the basement with two of the employees of the decorating service when she heard a sound. A fire had broken out in the furnace room. Mrs. Baker ran upstairs and tried to dial 911 but misdialed. She gave up on the phone and pushed two buttons on the control panel of the alarm system. She grabbed her dog and ran out the front door. Mrs. Baker ran from house to house until she found one that was occupied. The occupant, a babysitter, called the Lawrence Township fire department. This call was placed between 1 and 4 minutes from the signal sent to D. D got the signal at 2:54 p.m. D pushed the 'direct fire button' to the Indianapolis Fire Department, connecting her immediately with the department's dispatcher. She gave the dispatcher the Bakers' address. The dispatcher told her that it was within the jurisdiction of a different fire department, that of the City of Lawrence, to which the dispatcher transferred the call. That was wrong too. It was the fire department of Lawrence Township that had jurisdiction over the Bakers' house. So, the dispatcher for the City of Lawrence transferred the call that had been relayed from the Indianapolis Fire Department to the fire department of Lawrence Township. Because of the jurisdictional error, it was not until 2:58 that the department received the call. The 45 seconds had been stretched to four minutes because of the misinformation in D's computer. Finally, the right firemen were dispatched, and at 3:00 p.m., the fire chief arrived. P was leading hose through the garage when the floor collapsed. P fell into the basement and died. P sued D. The issue was D’s negligence in not having a valid database and the time lost and the floor collapsing when P arrived. D moved for summary judgment, and it was granted. P appealed.