On Thursday a Harrison County jury in the Biloxi division returned a $1.6 million verdict in Spiers v. Terminix. The plaintiffs sued Terminix for not disclosing the extent of termite damage to a home.
The case related to an incorrect WDIR report prepared by Terminix before plaintiffs closed on a house on Back Bay. The year before closing, Terminix performed over $55k in termite repair damage on the home, but failed to disclose the extent of the damage. Several months after closing, extensive termite damage was found which resulted in plaintiffs vacating the home for 14 months and performing over $400k in repairs.
Here is plaintiff’s response to motion to summary judgment, which gives their side of the case going into trial: Spiers Jury’s Verdict.
Terminix argued it did not have to disclose the extent of the damage and that the sellers should have disclosed. Plaintiffs showed Terminix’s decision to not fully disclose the prior treatment was a calculated action in order for the home to sell so it could exercise a termination provision in the Lifetime Termite Repair Contract.
Here is the jury’s Spiers Jury’s Verdict.
Plaintiffs were represented by Manion Anderson with McHard, McHard, Anderson in Hattiesburg and Tom Campbell with the Campbell Law Firm in Birmingham.
Terminix was represented by Skipper Jernigan with Jernigan Copeland in Ridgeland, Aaron Lyons with Rossway Swan in Melbourne, Florida, and David Creagh with Hinshaw & Culbertson in Chicago, IL.
The trial lasted 8 days. Circuit Judge Lawrence Bourgeois presided.
Sounds like the jury didn’t like Terminex.