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Lawsuit survives motion to dismiss against

June 2, 2022
Lawsuit survives motion to dismiss against
, its dealer and the central station were sued in a subrogation action in Federal Court sitting in Mississippi for a residential fire.  In a nutshell, the alarm signal was received by but was not transmitted to the central station.  The subrogation action Complaint alleged breach of contract, negligence, breach of warranty and design and manufacturing defect under Mississippi Products Liability Act. 
          You can read the case on K&K website under Alarm Law Issues / Leading Cases / Mississippi, and I suggest you do because I am too befuddled to explain the court’s decision.  I can only conclude that either the Plaintiff’s lawyer didn’t really care about the case, the Defendants lawyers had difficulty explaining how alarm systems work and alarm law in general, and the Judge couldn’t wait to get this case off his desk, which I might add he fails to do because while he dismissed most causes of action he permitted one cause of action to survive; the Plaintiff and Defendants will have to continue to suffer through this case until it, in my opinion, ultimately gets dismissed.  Though, who knows, maybe the carrier will settle rather than see the case through.
          It seems pretty clear that the Judge didn’t think much of the Plaintiff’s case [or the papers submitted by Plaintiff’s counsel] and did some independent theorizing to find a reason to allow the case against to survive.  The case will proceed through discovery, the Plaintiff will come up with nothing to place blame on [or the other defendants most likely – certainly not the central station who never got the signal – according to the court’s decision] and I predict will get dismissed after wasting a great deal of a lot of people’s time. 
          Apparently no one knows why a signal [duress according to the decision] was received by  Also it appears to be uncontested that the central station never got the signal.  Plaintiff’s theory is that must be to blame.  I’m no alarm expert, but I am not sure what components of the alarm system was manufactured by, if any. surely didn’t own the communication pathways.  Also curious is that there is no discussion at all regarding’s terms and conditions, a prerequisite for services.  In fact the judge does state that there is no contract between and the Plaintiff’s subrogor. 
          Well, I am not the attorney on this case and I have no further comment and definitely no advice for them.  Best of luck.

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Ken Kirschenbaum,Esq
Kirschenbaum & Kirschenbaum PC
Attorneys at Law
200 Garden City Plaza
Garden City, NY 11530
516 747 6700 x 301