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HOOPER v. TRULY NOLEN OF AMERICA, INC.

No. 1 CA-CV 90-0271.

171 Ariz. 692 (1992)

832 P.2d 709

Lavada G. HOOPER, individually, and Lavada G. Hooper, as Personal Representative for the Estate of Arthur B. Hooper, a Deceased man, Plaintiff-Appellee, Cross-Appellant, v. TRULY NOLEN OF AMERICA, INC., d/b/a Truly Nolen Exterminating, Inc., an Arizona corporation; Robert Hartley and Jane Doe Hartley, his wife; William Sample and Jane Doe Sample, his wife, Defendants-Appellants, Cross-Appellees.

Court of Appeals of Arizona, Division 1, Department D.

June 16, 1992.

Attorney(s) appearing for the Case

O'Connor, Cavanagh, Anderson, West-over, Killingsworth & Beshears, P.A. by Charles J. Muchmore and Christopher Robbins, Pauline Sherry Fleminger, Phoenix, Nancy L. Schuster, Mesa, for plaintiff-appellee, cross appellant.

Sorenson & Moore by George R. Sorenson, John S. Schaper, Phoenix, for defendants-appellants, cross appellees.

OPINION

GERBER, Judge.

FACTS

Employees of Truly Nolen of America, Inc. (TNA) incorrectly and negligently applied chlordane at the residence of Lavada and Arthur Hooper by broadcast spraying it into the crawlspace. The Hoopers suffered acute chlordane poisoning and had to vacate their home. Both TNA and its insurer, Nationwide Insurance Company (Nationwide), promised to pay their living expenses for the duration of their evacuation. TNA's four attempts...

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