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Smothers v. Ecolab Inc.

Texas
Mar 01, 2004

CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE. CASE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE.
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Probate Court, Galveston, Texas, 2004 [178 S.W.3d 434]

 

Plaintiff alleged that Ecolab’s failure to properly administer pest control services had caused a fire ant attack on plaintiff’s late mother, an invalid in a nursing home.  She received bites on her legs and under her diaper, and plaintiff alleged that the bites led to her mother's death several weeks later. After demonstrating that Ecolab had fully complied with its contractual responsibilities, Ecolab received a directed verdict at the close of the plaintiff’s case.  The case went to the jury against the co-defendant nursing home, and a plaintiff's verdict was entered.  The directed verdict was upheld on appeal.  Richard Morgan and Alana Bassin represented Ecolab in this matter. 

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