In Tennessee, a plaintiff entered into a contract with an alarm company to provide alarm monitoring services for their apartment. A burglar broke in, and the alarm company failed to notify the police or apartment complex. The company left a voicemail on the plaintiff’s telephone asking her to return the call. Surveillance video showed that the burglar removed the alarm system, found a safe and stole a significant amount of money. The plaintiff filed a complaint against the alarm company alleging breach of contract, negligence and detrimental reliance.
The company filed a motion for judgment on the pleadings with a supporting memorandum. The case was filed in the State Court in Tennessee but moved to the United States District Court of the Western District of Tennessee upon the motion of defendant alarm company, alleging diversity jurisdiction.