United States District Court, D. New Mexico
LYDIA LEYBA and LAWRENCE TRUJILLO, as co-personal representatives of the ESTATE OF ROBERT DOMINGUEZ, deceased, Plaintiffs,
CITY OF SANTA FE, CHARLES A. LARAMIE, II, RAYMOND J. RAEL, BOARD OF COUNTY COMMISSIONERS OF SANTA FE COUNTY, SANTA FE REGIONAL EMERGENCY COMMUNICATIONS CENTER BOARD OF DIRECTORS, ROBERT EGAN, JUDITH EGAN, LIVEWATCH SECURITY, LLC d/b/a SAFEMART, and DOES I-V, Defendants.
MEMORANDUM OPINION AND ORDER
H. RITTER UNITED STATES MAGISTRATE JUDGE
MATTER comes before the Court on Defendant LiveWatch
Security, LLC d/b/a Safemart39;s (Defendant) Motion for
Summary Judgment, filed on November 22, 2018 [Doc. 110].
Having thoroughly reviewed the parties39; submissions and
the relevant law, the Court finds that Defendant39;s Motion
for Summary Judgment should be granted in part and denied in
AND PROCEDURAL BACKGROUND
case, and the claims at issue in the instant motion, arise
from the fatal shooting of Robert Dominguez in the early
morning on March 4, 2013. [Doc 1-3, ¶¶ 53-56,
127-135; Doc. 97]. Robert and Judith Eagan owned a home
located at 512 Johnson Lane, Santa Fe, New Mexico, for which
a security system had been installed. [Doc. 97, UMF 1; Doc.
115, p. 2, ¶ 1; Doc. 219, UMF 20; Doc 229, p. 2]. The
Eagans contracted with LiveWatch for security system
monitoring services. [Doc. 110, p. 7; Doc. 219, UMF 20; Doc
219, p. 3, ¶ 7; Doc 229, p. 2]. In turn, LiveWatch
contracted with Security Monitoring Services, Inc., a Florida
corporation, d/b/a CMS Monitoring Services
(“CMS”), to provide monitoring services for the
Eagans39; security system. [Doc. 110, UMF 9; Doc 219, p. 3,
of the Eagan39;s monitoring agreement with LiveWatch, they
were required to provide two contacts who could be reached
prior to contacting law enforcement if the security system
was activated. [Doc. 219, UMF 23; Doc 229, p. 2]. The Eagans
identified Robert Dominguez as one of the contacts for
purposes of the LiveWatch monitoring agreement. [Doc. 219,
UMF 24; Doc 229, p. 2]. The Eagans paid Robert Dominguez to
watch over the home when they were away, and on March 4, 2013
when the events giving rise to this matter took place, Mr.
Dominguez had served as caretaker of the residence for
approximately ten years. [Doc. 110, UMF 1; Doc 219, p. 2,
approximately 3:20 a.m. on March 4, 2013, a CMS operator
contacted Mr. Dominguez after receiving an alarm activation
at the Eagan residence. [Doc. 97, UMF 2; Doc. 115, p. 2,
¶ 2; Doc. 219, UMF 1; Doc 229, p. 2]. The following
exchange occurred between the CMS operator and Mr. Dominguez:
Mr. Dominguez: Hello?
Operator: Hi, this is the monitoring center calling
on a recorded line. I am trying to reach Robert.
Mr. Dominguez: Yeah, what do you want?
Operator: We39;re calling sir, regarding the Eagan
residence on Johnson Lane.
Mr. Dominguez: Yeah.
Operator: We just received a master bedroom burglary
alarm activation reporting in.
Mr. Dominguez: Ok, I will be up there in a
Operator: Ok, sir do you know if we need to dispatch
Mr. Dominguez: I can39;t tell you. I39;ve been
Operator: Ok, sir if you are not sure then we will
continue our, our notification list and they39;re,
they39;re on the list.
Mr. Dominguez: Yeah. I39;ll, I39;ll be up
Operator: Alright, thank you sir.
[Doc. 219, UMF 2; Doc 229, p. 2].
this exchange, the operator updated the CMS system to reflect
that she had notified a contact person regarding the security
system activation at the Eagan residence. [Doc. 219, UMF 4;
Doc 229, p. 2]. The operator then notified the city dispatch
center. [Doc. 219, UMF 6; Doc 229, p. 2]. When asked whether
a responding party had been notified of the activation, the
operator stated that they were “still
attempting.” [Doc. 219, UMF 6; Doc 229, p. 2]. At
approximately 3:36 a.m., a second CMS operator called the
dispatch center regarding additional security system
activations at the Eagan residence. [Doc. 219, UMF 9; Doc
229, p. 2]. The second CMS operator did not advise the
dispatch center that a responding party (Mr. Dominguez) had
been contacted regarding the first security system activation
at the home. [Doc. 219, UMF 11; Doc 229, p. 2].
Charles Laramie of the Santa Fe Police Department was
dispatched to the Eagan residence in response to the security
system activation. [Doc. 97, UMF 1; Doc. 115, p. 2, ¶
1]. Officer Laramie was not aware that Mr. Dominguez had been
notified of the security system activation and could be
present at the Eagan residence. [Doc. 97, UMF 3; Doc 115, p.
2, ¶ 3]. At approximately 3:37 a.m. Officer Laramie
arrived at the Eagan residence and observed that the front