George P. Pappas and Laura Favaloro Successfully Obtain Partial Summary Judgment


George Pappas and Laura Favaloro successfully obtained a partial summary judgment for a firm client in a case involving a limitation of liability provision in a security contract. The case arose from the installation of an alarm in the plaintiff’s home. Plaintiff alleged that a battery was accidentally left on a shelf in the plaintiff’s closet. The plaintiff subsequently pulled an item from the shelf and alleged she was injured when the battery fell on her head. The contract between the plaintiff and the alarm company had a limitation of liability provision which limited the plaintiff’s damages on various claims, including tort claims. The plaintiff claimed that the provision was unconscionable and was void as being contrary to public policy. Mr. Pappas and Ms. Favaloro successfully demonstrated that the limitation of liability provision was not unconscionable and has been upheld in Texas and other states in consumer alarm cases.