Legal Opinion
Smith v. Orkin Exterminating Co., Inc.
District Court, S.D. Mississippi
Decided October 23, 1990No. Civ. A. S89-0525(G)PublishedCited by 19 opinions
1Opinion of the Court
MEMORANDUM OPINION
GEX, District Judge.
The plaintiff, Sidney H. Smith, brings this action against defendant Orkin Exterminating Company, Inc. [Orkin] for damages sustained as a result of Orkin’s allegedly negligent fumigation of Smith’s home. In addition, the plaintiff contends that Or-kin breached its express warranty. Orkin now moves for summary judgment.
Statement of Facts
As is the course for most summary judgment situations, the facts in the instant litigation are largely undisputed. Smith completed construction of a log home in Kiln, Mississippi in August 1983. In 1985, Smith began to…
2Cases cited15 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Lillian Washington, Individually and as Administratrix of the Estate of Arsane Washington v. Armstrong World Industries, Inc.Court of Appeals for the Fifth Circuit · 1988
- Grisham v. JOHN Q. LONG VFW POST, NO. 4057, INC.Mississippi Supreme Court · 1988
- Orkin Exterminating Co. v. StevensCourt of Appeals of Georgia · 1973
10 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Russell v. Performance Toyota, Inc.Mississippi Supreme Court · 2002
- Vicksburg Partners, LP v. StephensMississippi Supreme Court · 2005
- Exxon Corp. v. Crosby-Mississippi Resources, Ltd.Court of Appeals for the Fifth Circuit · 1994
- First Trust National Association, as Indenture Trustee v. First National Bank of CommerceCourt of Appeals for the First Circuit · 2000
- City of Starkville v. 4-COUNTY ELECTRIC POWER ASSN.Mississippi Supreme Court · 2002
14 more not listed; retrieve them via the Exa API.