Warren Butler & Edward Hines obtained a favorable ruling on behalf of their client, a termite company. The plaintiffs sued the termite company and its certified operator alleging claims of negligence, wantonness, fraudulent misrepresentation and suppression, breach of contract, and negligent hiring/training/supervision/retention. The plaintiffs claimed that the termite company did not properly treat their home and did not adequately disclose the extent of preexisting termite damage at time they purchased their home. Starnes argued that enough damage was disclosed to the plaintiffs to put them on notice of a potentially greater issue, yet the plaintiffs chose to purchase of the property without any further investigation. Starnes additionally argued that there was no evidence that an active infestation occurred after termite company treated the home and, therefore, any termite damage in the home resulted from an infestation which occurred before it was placed under bond by the company. The trial court granted summary judgment in favor of the termite company on all claims.
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