Terminix, Inc. v. Right Away Foods Corp.

OPINION

KENNEDY, Justice.

Terminix, Inc. and Terminix International, Inc. (Terminix) appeal a judgment against them and in favor of Right Away Foods Corporation (RAF), for damages resulting from Terminix’s fumigation of RAF’s packaging and food processing facilities with the chemical Phostoxin. A jury found that the damages were proximately caused by the gross negligence of Terminix and the ordinary negligence of the phostox-in supplier, Industrial Fumigants, and assigned the comparative degrees of negligence 80% to Terminix and 20% to Industrial Fumigants. The jury failed to find a third…