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ORKIN EXTERMINATING CO., INC. v. JETER

1000710, 1001077, and 1000916.

832 So.2d 25 (2001)

ORKIN EXTERMINATING COMPANY, INC., and Bill Maxwell v. Robert JETER, as representative of the estate of Artie M. Jeter. Robert Jeter et al. v. Orkin Exterminating Company, Inc., and Bill Maxwell.

Supreme Court of Alabama.

November 9, 2001.

Attorney(s) appearing for the Case

M. Christian King and Stephen J. Rowe of Lightfoot, Franklin & White, L.L.C., Birmingham; D. Taylor Flowers of Lewis, Brackin, Flowers & Hall, Dothan; and Robert Simms Thompson, Tuskegee, for appellants/cross appellees Orkin Exterminating Company, Inc., and Bill Maxwell.

J. Michael Rediker, Patricia C. Diak, and Michael C. Skotnicki of Haskell, Slaughter, Young & Rediker, L.L.C., Birmingham; Stephen T. Etheredge and Lexa E. Dowling, Dothan; Jock M. Smith of Cochran, Cherry, Givens & Smith, P.C., Tuskegee; Rufus R. Smith, Dothan; and L. Andrew Hollis and Steven W. Couch of Pittman, Hooks, Dutton & Hollis, P.C., Birmingham, for appellee/cross appellant Robert Jeter, as personal representative of the estate of Artie M. Jeter.

LYONS, Justice.

On May 14, 1999, Artie Mae Jeter sued Orkin Exterminating Company, Inc. ("Orkin"), Bill Maxwell (a former Orkin employee), and several fictitiously named defendants, alleging breach of contract, fraud, and negligence. Mrs. Jeter died on December 4, 1999, while the action was pending. Her son, Robert Jeter, in his capacity as executor of his mother's estate, was substituted as the plaintiff. On June 5, 2000, the complaint was amended to add as plaintiffs...

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