Rigaud v. Orkin Exterminating Co.

MILLER, Judge.

Plaintiff appealed the dismissal of his suit seeking damages from defendants Or-kin Exterminating Company, Inc., and its bonding company Massachusetts Bonding *917& Insurance Company. Plaintiff’s home became infested with termites and as a result suffered damages while the home was under contract with Orkin.

The trial court held that plaintiff failed to prove negligence and certainly not gross negligence, on the part of Orkin. We find to the contrary.

Plaintiff’s testimony indicates a belief that Orkin, in effect, insured against a reinfestation of termites and resulting damage. But…