Rogers v. Efird's Exterminating Co., Inc.

Chandler, Justice:

Efird’s Exterminating Co., Inc. (Efird) appeals from a jury verdict for damages allegedly caused by it to the residence of Respondent (Rogers).

We affirm.

The sole issue presented is whether or not the trial judge erred in his jury instruction on the accrual time of a cause of action under the “discovery rule.” We hold he did not.

In April, 1970, Efird contracted to perform termite extermination of Roger’s residence. In the process, support wall blocks underneath the front porch were removed but not replaced by Efird. Within the statutory six year period for commencing an…