Wilcher v. Orkin Exterminating Co.

Birdsong, Judge.

"Termite case.” Wilcher, the appellant-homeowner, filed a two-count complaint against Orkin Exterminating Co. (Orkin) for damages resulting from termite infestation of his house. Both counts sounded in tort, the first alleging negligence by Orkin in failing to properly treat Wilcher’s home and the second alleging negligence and/or wilful concealment in the issuance by Orkin of a "Termite Report” describing the status of Wilcher’s house prior to his purchase of it. From the grant of summary judgment in favor of Orkin as to both counts, Wilcher appeals. Held:

1. Count 1 of…