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Wedner v. Fidelity Security Systems, Inc.

Pennsylvania Superior Court
307 A.2d 429 (1973)

Written by Denise McGimsey, JD

Facts

Charles Wedner (plaintiff), the owner of a retail fur business, contracted for burglary protection services from Fidelity Security Systems, Inc. (Fidelity) (defendant). The contract included a provision limiting Fidelity’s liability for negligence or otherwise to the amount of Wedner’s annual service fee. The contract identified such amount as “liquidated damages.” Because of Fidelity’s negligence in attending to an alarm, Wedner lost $46,180 from a burglary. Wedner sued Fidelity. After a nonjury trial, the court found in favor of Wedner but awarded damages of just $312, applying the contract’s limitation of liability provision. Wedner appealed.

Rule of Law

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Issue

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Holding and Reasoning (Watkins, J.)

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A "yes" or "no" answer to the question framed in the issue section;
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Dissent (Cercone, J.)

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