The Borg-Warner Protective Services Corporation and Burns International Security Services contracted to provide security for the Cleveland Institute of Art (CIA). Robert Adelman was struck by an object thrown by a CIA student from the roof of one of the Institute's buildings. Adelman sued both the CIA and the security corporations.
The security corporations moved for summary judgment, arguing that they had contracted with CIA to protect the faculty and the students and that they therefore had no duty to protect pedestrians outside the buildings. Adelman argued that the contract specifically obligated the security corporations to control the activities of CIA students within the Institute's buildings. The disputed clause read that the security corporations agreed "to control the movement and activities of students within the buildings at all hours."
The trial court granted the summary judgment motion, and Adelman appealed. Should the appellate court reverse the decision of the lower court? Explain. If the case goes to trial, how will the court determine the meaning of the ambiguous clause? Explain.
Adelman v. Timman, 690 N.E.2d 1332.