Orkin Exterminating Co. of South Florida v. Clark

HENDRY, Judge.

Defendant-appellant Orkin Exterminating Company of South Florida, (“Orkin”) appeals from a final judgment awarding $7,683.20 (plus interest and costs) for termite damage entered pursuant to a jury verdict.

At issue is the sufficiency of the evidence to support the jury verdict and final judgment in light of a contractual limitation of liability in the amount of $5,000.00.1 We affirm the judgment as to liability, but reduce the amount awarded to $5,000.00 (plus interest and costs.)

The Clarks sued Orkin for breach of contract and negligence in the performance of that contract. The…