Wrongful Death Case Resolved for Waiver of Costs

March 15, 2012

Tim M. Agajanian and German A. Marcucci resolved a wrongful death case for a waiver of costs.

When the plaintiff’s husband experienced medical problems while at home, the plaintiff thrice unsuccessfully attempted to activate their home alarm system to obtain medical assistance. The plaintiff then called 911 and was instructed by the operator. Emergency response personnel arrived approximately 15 to 20 minutes later. However, by that time, her husband had suffered a heart attack and died.

The plaintiff alleged that a number of security system companies negligently installed her home alarm system such that it contained a short circuit and, further, failed to respond to the alarm activation. Murchison & Cumming represented two of the security system companies alleged to have negligently installed the system.

Mr. Agajanian and Mr. Marcucci were able to show that neither of their clients were servicing or monitoring the alarm at the time of the incident, said responsibilities having been transferred to another alarm monitoring and servicing company approximately one year earlier. That other defendant alarm company had serviced the plaintiff’s alarm system during that time.

The plaintiff agreed to dismiss the case against Murchison's clients for a waiver of costs and thereafter pursued the matter against the other defendants only.