Endencia v. ADT Security Services, Inc.
Docket: No. 08-4071
Court: Court of Appeals for the Seventh Circuit; May 21, 2009; Federal Appellate Court
Frances Endencia contracted with ADT Security for monitoring the burglar alarm at her veterinary clinic in Streamwood, Illinois. Following a vandalism incident resulting in a dead dog and blood found on bedding, Endencia accused ADT of negligence for failing to detect a security breach. She also claimed ADT was responsible for the Illinois Veterinarian Licensing Disciplinary Board's decision to indefinitely suspend her veterinary license. Endencia initially filed her lawsuit in the Circuit Court of Cook County, but ADT removed it to federal court based on diversity of citizenship. ADT moved to dismiss the case, citing an exculpatory clause in their contract that limits their liability for damages from break-ins. The district court dismissed Endencia's complaint for failure to state a claim. On appeal, Endencia primarily argued that ADT should still be liable despite the exculpatory clause. However, Illinois courts have upheld that liability limitations in alarm service contracts are enforceable and align with public policy, referencing cases such as Chi. Steel Rule Die Fabricators Co. v. ADT Security Sys. Inc. and N. River Ins. Co. v. Jones. Endencia also claimed her complaint was viable under 805 IL Comp. Stat. 10/8, but this statute was deemed irrelevant to her case. Additionally, she alleged wrongdoing by the Village of Streamwood, which is not a party to the lawsuit. The appellate court affirmed the district court's dismissal of her claims.