GREENSPAN et al v. ADT SECURITY SYSTEMS, INC.

Filing 36

MEMORANDUM AND ORDER THAT DEFENDANTS MOTION FOR SUMMARY JUDGMENT IS GRANTED IN PART AS OUTLINED HEREIN SIGNED BY MAGISTRATE JUDGE LINDA K. CARACAPPA ON 9/30/09. 9/30/09 ENTERED AND COPIES EMAILED.(rf, )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA TRAVELERS INDEMNITY COMPANY A/S/O JEROME GREENSPAN and MARLENE GREENSPAN, Plaintiff vs. ADT SECURITY SYSTEMS, INC., et al. Defendant JEROME GREENSPAN and MARLENE GREENSPAN, Plaintiffs, vs. ADT SECURITY SYSTEMS, INC, et al. Defendant : : : : : : : : : : : : : : : ORDER AND NOW this 30th day of September, 2009, upon consideration of Defendant's Motion for Summary Judgment (Docket # 31), Plaintiffs' responses (Docket #32 and 33) and Defendant's reply brief (Docket #34), and for the reasons set forth in the attach Memorandum Opinion, it is hereby ORDERED that Defendant's Motion for Summary Judgment is DENIED in part and GRANTED in part. The motion is Granted in that the limitation of liability provision in the underlying contractual agreement as issue applies to all causes of actions asserted, where, in contract or in tort. In all other respects the motion is DENIED.

CONSOLIDATED CIVIL ACTION

NO. 06-4181

BY THE COURT:

/S LINDA K. CARACAPPA LINDA K. CARACAPPA UNITED STATES MAGISTRATE JUDGE