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Torts Keyed to Miller
Ensminger v. Terminix International Company
Citation:
102 F.3d 1571 (10th Cir. 1996)Facts
When purchasing a home, Ensminger (Plaintiff) obtained from the sellers assurance the house was free of termites. The Wood Destroying Insect Information Report which they submitted with their financing documentation indicated, “based on careful visual inspection of the readily accessible areas of the property no visible evidence of infestation from wood destroying insects was observed.” Robert Stotts, a termite inspector employed by Terminix (Defendant), signed the form after performing an inspection of the property. However, shortly after the Ensmingers moved in, ceramic tiles plummeted from the bathroom wall exposing catacombs of termite activity. Plaintiff sued Defendant for negligent misrepresentation when he discovered the termite infestation in the home.
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Topic Resources
Topic Refresher Course
Misrepresentation