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Chic Promotion12/9/1996
KOEHLER, Judge.
Plaintiff-appellant, Chic Promotions, Inc., appeals a decision of the Butler County Common Pleas Court granting summary judgment in favor of defendant-appellee, Ademco, a division of Pittway Corporation. We affirm.
Appellant is a Hamilton, Ohio corporation engaged in the buying and selling of jewelry at wholesale and retail. The corporation does business from a buildinslocated at 11 Rowe Court, Hamilton, Ohio. In August 1991, after some prompting from an insurance agent to upgrade the building's security system, appellant's vice-president, Gary Hubbard, called Middletown Security, Inc. for an estimate on a new security system. Middletown Security sales representative Oral Duncan made a sales call to appellant's premises and met with Gary Hubbard. Appellant's president, Gary Hubbard's wife, Tedi Hubbard, was not present during this meeting.
Duncan made a sketch of the premises and spoke with Gary Hubbard about what type of equipment could be placed at various locations in the building. Duncan indicated to Gary Hubbard that the proposed system was a phone-monitored system, in that Middletown Security's central office would monitor the system for alarms via appellant's telephone line.
Along with a proposal for a security system, Duncan gave Gary Hubbard a sales brochure for the Vista XM security system manufactured by Ademco. The Vista XM control panel and key pad comprised two of the ten components in the security system recommended by Duncan. Tedi Hubbard approved the purchase of the security system after talking with Gary Hubbard and reviewing the product literature. Middletown Security installed the security system at appellant's location on August 29, 1991.
In April 1992, burglars bypassed appellant's security system by cutting the phone line and disabling the exterior siren. Appellant sustained a loss of jewelry, cases, and equipment as a result of the burglary. Appellant subsequently filed a product liability suit against Middletown Security and against Ademco as a component manufacturer. Ademco filed a motion for summary judgment, arguing that its sales brochure statements did not constitute an express warranty and that the Ademco components were functioning properly on the night of the burglary.
The trial court granted Ademco's motion, concluding that there was "no defect in the ADEMCO product which proximately caused the burglar alarm system to fail," and:
"The sales brochure, in this case, does not create an express warranty, and even if it did, there is no evidence presented from which any reasonable trier of fact could find that there was a breach of the express warranty which proximately caused the damages claimed by the plaintiff [appellant]."
Appellant raises the following as its sole assignment of error on appeal:
"The trial court erred to the prejudice of plaintiff-appellant in granting the motion for summary judgment of the defendant- appellee where triable issues of express warranty and proximate cause existed based upon a sales pamphlet upon which plaintiff- appellant relied."
Pursuant to Civ.R. 56(C), summary judgment is properly granted when it is shown that there is no genuine issue of material fact, that the movant is entitled to judgment as a matter of law, and reasonable minds can come to but one conclusion, which is adverse to the non-movant. Harless v. Willis Day Warehousing Co. (1978), 54 Ohio St.2d 64, 66, 8 O.O.3d 73, 74, 375 N.E.2d 46, 47. The evidence must be construed most strongly in favor of the non-movant. Bowen v. Kil-Kare, Inc. (1992), 63 Ohio St.3d 84, 88, 685 N.E.2d 384, 389.
Once the
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