Fana v. Orkin Exterminating Co.

Florencio Fana appeals from an order of final summary judgment entered in an action for negligence. For the following reasons, we reverse.

Fana and Orkin entered into a contract for the fumigation of Fana’s townhouse. His townhouse was the end unit in a building that contained other townhouses; all the other owners had entered into similar contracts. Paragraph 2 of the contract provided that “Orkin is not responsible for vandalism, theft, or breaking and entering during fumigation and aeration procedures.” The contract further contained the following:

Dear Customer: Due to the fact that Orkin…