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TERMINIX, INC. v. RIGHT AWAY FOODS CORP.

No. 13-87-549-CV.

771 S.W.2d 675 (1989)

TERMINIX, INC. and Terminix International, Inc., Appellants, v. RIGHT AWAY FOODS CORPORATION, INC., Appellee.

Court of Appeals of Texas, Corpus Christi.

Rehearing Denied June 15, 1989.

Attorney(s) appearing for the Case

Charles W. Hury, Atlas & Hall, McAllen, Karen L. Zuercher, Thornton, Summers, Biechlin and Dunham, San Antonio, John Milano, Jr., Lynn E. Coleman, San Antonio, for appellants.

Michael W. Gordon, James F. Buchanan, Kleberg & Head, Corpus Christi, Roy Dale, Richard L. Bilbie, Brownsville, for appellee.

Before NYE, C.J., and KENNEDY and DORSEY, JJ.

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 phostoxin supplier, Industrial Fumigants...

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