This section contains the nature of the case and procedural background.

Fretwell (P) had an alarm protection system installed in his house serviced by Protection Alarm (D). A cut in the wires resulted in the need to respond under the contract. Police were alerted, and an employee of D went to the scene but did not inspect the house nor ensure that the system was operating properly. After the employee and the police left the scene, the burglars entered the residence and took property valued at $91,379.93. Under the contract, D's liability was limited to $50. The jury gave the verdict to P and D appealed.

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