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ORKIN EXTERMINATING CO. INC. v. WILLIAMSON

No. 3-89-136-CV.

785 S.W.2d 905 (1990)

ORKIN EXTERMINATING CO., INC., Appellant, v. Kitty WILLIAMSON, Appellee.

Court of Appeals of Texas, Austin.

Rehearing Overruled April 4, 1990.

Attorney(s) appearing for the Case

Mark J. Cannan, Lang, Ladon, Green, Coghlan & Fisher, San Antonio, for appellant.

Eric R. Galton, Daniel Jordan, Bankston, Wright & Greenhill, Austin, for appellee.

Before SHANNON, C.J., and JONES, J.

JONES, Justice.

Kitty Williamson sued Orkin Exterminating Company (Orkin) under theories of common law negligence and violations of the Deceptive Trade Practices Act (DTPA) for damages resulting from Orkin's application of chlordane, a pesticide, to Williamson's house. In addition to finding liability on both theories, the jury made findings of actual damages, attorney's fees, and exemplary damages. The trial court disregarded the jury's finding as to one element...

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