Spengler v. Adt Security Services, Inc.

505 F.3d 456 (6th Cir. 2007)

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.