Wilcher v. Orkin Exterminating Co., Inc.
| Decision Date | 04 April 1978 |
| Docket Number | No. 1,No. 55090,55090,1 |
| Citation | 145 Ga.App. 551,244 S.E.2d 101 |
| Parties | J. T. WILCHER v. ORKIN EXTERMINATING COMPANY, INC |
| Court | Georgia Court of Appeals |
J. Walter Cowart, Savannah, for appellant.
Corish & Smith, Malberry Smith, Jr., Savannah, M. Kenneth Doss, Atlanta, for appellee.
"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 one of Wilcher's complaint is controlled adversely by this court's holding in Orkin Ext. Co. v. Stevens, 130 Ga.App. 363, 203 S.E.2d 587, where the court examined a liability limitation clause in a contract virtually identical to the liability limitation clause contained in the contract between the parties to this appeal and concluded that the limitation clause precluded the recovery of damages under tort or contract theory. The Stevens court stated clearly that Id., p. 368, 203 S.E.2d p. 592.
2. Count 2 of the complaint fares no better. While Wilcher alleges negligence or concealment on the part of Orkin in its issuance of a "Termite...
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Menard v. Orkin, LLC, CIVIL ACTION NO. 17-0019
...S.E.2d 587 (Ga. App. 1973); Worth v. Orkin Exterminating Company, Inc., 234 S.E.2d 802 (Ga. App. 1977); Wilcher v. Orkin Exterminating Company, Inc., 244 S.E.2d 101 (Ga. App. 1978); and Orkin Exterminating Company, Inc. v. Walters, 466 N.E.2d 55 (Ind. App. 1984) (abrogated on other grounds ......
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Johnson v. Orkin Exterminating Co., Inc., Civ. A. No. 89-5241.
...Orkin should not be allowed to limit its liability under such circumstances. Id. 234 S.E.2d at 804. In Wilcher v. Orkin Exterminating Company, Inc., 145 Ga.App. 551, 244 S.E.2d 101 (1978), an action was brought against Orkin for damages arising from termite infestation. The original contrac......
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Buchanan v. Georgia Boy Pest Control Co., Inc.
... ... See Wilcher v. Orkin ... Exterminating Co., 145 Ga.App. 551, 552(2), 244 S.E.2d 101 (1978). The trial court, ... ...
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Stefan Jewelers, Inc. v. Electro-Protective Corp., ELECTRO-PROTECTIVE
...129 Ga.App. 32, 198 S.E.2d 389; Brown v. Five Points Parking Center, 121 Ga.App. 819, 175 S.E.2d 901; Wilcher v. Orkin Exterminating Company, Inc., 145 Ga.App. 551, 552, 244 S.E.2d 101. We are concerned here in consideration of the first enumeration of error as to whether the contract in qu......