Atkinson v. Orkin Exterminating Co., Inc.

This cross-appeal arises from an action brought by homeowners Bert and Stephanie Atkinson (Atkinsons) against Or-kin Exterminating Company (Orkin), seeking recovery for structural damage to their home caused by termite infestation. In this appeal, Orkin seeks a remittitur of the punitive damages award, and the Atkinsons seek reversal of the trial court’s decision to offset their compensatory damages by the amount they received in a settlement from a third party. 1 After certifying this case from the court of appeals pursuant to Rule 204(b), SCACR, we reverse and remand the issue concerning…