California Court of Appeal

In plaintiff's suit against a licensed pest inspection company, alleging that she sustained injuries from falling from a balcony as the result of the defendant company's failure to discover and disclose a specified area of dry rot damage, trial court's grant of summary judgment in favor of defendant is affirmed where: 1) FSR Brokerage, Inc. v. Superior Court, 35 Cal.App.4th 69 limits the duty owed by pest inspectors to third parties; 2) defendant's inspection did not create a duty to plaintiff; and 3) an analysis of the Rowland factors weighs in favor of a finding of no legal duty.

Appellate Information

• Decided 06/11/2010
• Published 06/11/2010

Judges

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Quinlivan Wexler, Patrick C. Quinlivan and Pamela J. Silk for Plaintiff and Appellant.


• For Appellees:
  
• Simpson Delmore Greene, Daniel W. Towson and Sandra F. Taylor for Defendant and Respondent.