Fleener v. Orkin Exterminating Co., Inc.

CONOVER, Judge.

Plaintiffs-Appellants Mickey Fleener and Janice Fleener (the Fleeners) appeal the trial court's judgment in favor of Orkin Exterminating Company, Inc. (Orkin) in an action for the negligent application of pesticides.

We affirm.

Fleeners raise the following restated issues for our review:

1. whether the trial court erred in striking the affidavits of a juror and an alternate juror who observed the alleged sleeping juror; and

2. whether the Fleeners were prejudiced by the inattentiveness of an alleged sleeping juror.

The Fleeners filed their complaint for negligence and damages…