Read Schooley v. Orkin Extermination, Co., Inc., 06-3326, 06-3486

In a fraudulent misrepresentation case arising after plaintiffs hired defendant-Orkin to protect their home from termites and subsequently suffered termite damage, grants of judgment as a matter of law for defendant on a punitive damages claim and of a new trial for an award of compensatory damages are reversed and original punitive and compensatory damages awards reinstated as: 1) the evidence was sufficient to support jury's verdict for plaintiffs on the issue of fraudulent misrepresentation; 2) judgment as a matter of law on plaintiffs' claim for punitive damages was error as sufficient evidence showed defendant intentionally misled plaintiffs and consciously disregarded the harm almost certain to occur from an unabated infestation; and 3) the new trial on compensatory damages was an abuse of discretion as the jury's award was well within the range of potential awards supported by the evidence presented at trial.

Appellate Information

• Decided 09/19/2007
• Published 09/19/2007

Judges

• BYE, Circuit Judge., Before BYE and SMITH, Circuit Judges, and NANGLE, District Judge.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Marc A. Humphrey, argued, Urbandale, IA, Justin K. Swaim, and R. Kurt Swaim, on the brief, Bloomfield, IA, for appellants.


• For Appellees:
  
• Joseph W. Winner, argued, Columbus OH, Heather L. Palmer, on the brief, Des Moines, IA, for appellees.