Orkin Exterminating Co., Inc. v. Donavan

R.B. and Dora Donavan filed suit against Orkin Exterminating Company on September 15, 1983, for damage resulting from an alleged breach of contract for protection of their home against subterranean termites. The complaint against Orkin sought relief on several grounds, of which only the claims of negligent performance of contractual duties, and breach of contract, were submitted to the jury. The jury returned a verdict against Orkin in the amount of $60,000. Its motion for new trial, JNOV, and remittur were denied and this appeal ensued.

R.B. Donavan, who died during the pendency of this…