Preg, O’Donnell & Gillett Member Jeffrey Daly has won a complete defense verdict for his client on a case involving very serious injuries sustained in a home invasion attack. Mr. Daly’s client had installed a residential security system provided by a co-defendant. A month later there was a terrible attack by two sadistic, knife-wielding criminals which resulted in serious injuries to one of the home’s occupants. Plaintiffs argued that installation errors and misrepresentations by the defendants were the proximate cause of plaintiffs’ damages, and requested $9.5 Million. Plaintiffs’ expert agreed that the home security system was working properly and not malfunctioning at the time of the attack, but he was critical of the manner in which the system was installed using the default settings instead of an optional setting which he asserted would have detected the intrusion. The defendants noted, among other things, that plaintiffs had ignored critical information provided by defendants at the time of installation on how the security system operated, and it was undisputed that the security system as installed would have detected the intrusion if the plaintiffs knew their system and had set the alarm properly. After a two-week bench trial, the Court ruled that neither defendant was negligent in their actions towards the plaintiffs, and that there were no breaches of the written agreements between the parties. The Court also agreed with the defendants that there were legal limitations on certain of the plaintiffs’ claims. The end result was a complete defense verdict.
June 23rd, 2015|News|