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KALTMAN v. ALL AMERICAN PEST CONTROL, INC.

Record No. 092541.

706 S.E.2d 864 (2011)

Alvin KALTMAN, et al. v. ALL AMERICAN PEST CONTROL, INC., et al.

Supreme Court of Virginia.

March 4, 2011.

Attorney(s) appearing for the Case

Robert T. Hall ; Gobind S. Sethi ( Holly Parkhurst Essing ; Hall, Sickels, Frei & Mims, on briefs), Reston, for appellants.

Robert E. Draim ( David D. Hudgins ; Hudgins Law Firm, on brief), for appellees.

Virginia Trial Lawyers Association ( Colleen Marea Quinn ; Locke, Partin, DeBoer & Quinn, on brief), Richmond, for amicus curiae in support of appellants.

Present: KINSER, C.J., LEMONS, GOODWYN, MILLETTE, and MIMS, JJ., and KOONTZ, S.J.

OPINION BY Senior Justice LAWRENCE L. KOONTZ, JR.

In this appeal, a husband and wife filed complaints against a pest control company and its employee after the employee allegedly treated the couple's home with a pesticide that was not approved for residential use. We consider whether the circuit court erred in sustaining demurrers to the homeowners' claims of negligence, willful and wanton conduct, and negligence per se. The principal issue we decide is whether the...

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