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ATKINSON v. ORKIN EXTERMINATING CO., INC.

No. 25883.

361 S.C. 156 (2004)

604 S.E.2d 385

Bert C. ATKINSON and Stephanie S. Atkinson, Respondents-Appellants, v. ORKIN EXTERMINATING CO., INC., Appellant-Respondent.

Supreme Court of South Carolina.

Decided October 25, 2004.

Attorney(s) appearing for the Case

G. Dana Sinkler, of Warren and Sinkler, of Charleston; Michael W. Davis and Robert N. Hochman, both of Sidley, Austin, Brown, & Wood, of Chicago, for Appellant-Respondent.

Keating L. Simons, III, of Simons and Keaveny, of Charleston, for Respondents-Appellants.

Chief Justice TOAL.

This cross-appeal arises from an action brought by homeowners Bert and Stephanie Atkinson (Atkinsons) against Orkin Exterminating Company (Orkin), seeking recovery for structural damage to their home caused by termite infestation. In this appeal, Orkin seeks a remittitur of the punitive damages award, and the Atkinsons seek reversal of the trial court's decision to offset their compensatory damages by...

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