Spengler v. ADT Security Services, Inc.
United States Court of Appeals for the Sixth Circuit
505 F.3d 456 (2007)
Relevant factsFree
ADT's (defendant) contract with Spengler (plaintiff) required prompt emergency response for his ailing mother's portable alarm, but when she activated it, ADT sent responders to the wrong address, delaying help by sixteen minutes before she died; Spengler sued for both breach of contract and negligence, and the trial court granted ADT summary judgment on the negligence claim.
IssueFree
Whether, if a defendant's act breaches only a contractual duty owed to the plaintiff and no other, the plaintiff may recover in tort.
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