Cook v. Orkin Exterminating Co., Inc.

OPINION

WINTHROP, Judge.

¶ 1 In this opinion, we decline to extend the concept of a fiduciary relationship to include the business relationship between homeowners and a pest control company retained to treat a termite infestation. We further hold that, in the absence of personal injury, the economic loss rule, as recently addressed by our supreme court in Flagstaff Affordable Housing Ltd. P’ship v. Design Alliance, Inc., 223 Ariz. 320, 223 P.3d 664 (2010) (“Flagstaff II ”), bars the homeowners’ remaining tort claims for the company’s alleged failure to eradicate the termites. For the following…