BENNETT v. KELLER

No. 93-CA-598.

631 So.2d 1384 (1994)

Wilda N. BENNETT v. Earl KELLER, Mark Hebert and Orkin Exterminating Company, Inc.

Court of Appeal of Louisiana, Fifth Circuit.

February 9, 1994.


Attorney(s) appearing for the Case

R.A. Osborn, Jr., Gretna, for plaintiff-appellant.

Quentin F. Urquhart, Jr., Montgomery, Barnett, Brown, Read, Hammond & Mintz, New Orleans, for defendant-appellee.

Before GAUDIN and GRISBAUM, JJ., and JOHN C. BOUTALL, J. Pro Tem.


GAUDIN, Judge.

Appellant is Wilda N. Bennett, whose claims were dismissed in district court by the granting of a motion for summary judgment in favor of defendants. We reverse and remand for further proceedings.

Bennett paid $949.00 to have her residence treated by Orkin for control of subterranean termites. The termites were misidentified several times by Orkin employees; in fact, the termites were of the so-called Formosan variety.

Eventually, the...

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