Walter v. Orkin Exterminating Co.

Deen, Presiding Judge.

This is an appeal from the final order of the trial court denying summary judgment to the appellant and dismissing her complaint.

Appellant entered a contract for the fumigation of her house by the appellee Orkin Exterminating Company (Orkin). Appellant left her house in the care and temporary possession of Orkin so that fumigation by “vikane,” a nonflammable gas, could be accomplished. Fumigation commenced and the next morning when Orkin personnel ar*622rived at the site, they discovered appellant’s home had burned down. Appellant brought suit on both tort by negligence and…