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COOK v. ORKIN EXTERMINATING CO., INC.

No. 1 CA-CV 10-0313.

258 P.3d 149 (2011)

Jordan COOK and Tacie Cook, husband and wife, Plaintiffs/Appellants, v. ORKIN EXTERMINATING COMPANY, INC., a Delaware corporation; Rollins, Inc., a Delaware corporation, Defendants/Appellees.

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

May 19, 2011.

Attorney(s) appearing for the Case

Beus Gilbert PLLC By Franklyn D. Jeans , Cory L. Broadbent , Scottsdale, Attorneys for Plaintiffs/Appellants.

Baird, Williams & Greer, LLP By Robert L. Greer , Craig M. LaChance , Carlos B. Gutierrez , Phoenix, Attorneys for Defendants/Appellees.

OPINION

WINTHROP, Judge.

¶ 1 In this opinion, we decline to extend the concept of a fiduciary relationship to include the business relationship between homeowners and a pest control company retained to treat a termite infestation. We further hold that, in the absence of personal injury, the economic loss rule, as recently addressed by our supreme court in Flagstaff Affordable Housing Ltd. P'ship v. Design Alliance, Inc., 223...

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