Opinion · Supreme Court of Kansas
Atkinson v. Orkin Exterminating Co.
Atkinson v. Orkin Exterminating Co., 230 Kan. 277 (Kan. 1981)
- Type
- Opinion
- Court
- Supreme Court of Kansas
- Jurisdiction
- Kansas
- Date
- 1981-10-23
- Topic
- general
How later courts describe this case
- While the homeowner’s relationship with Orkin was based on a contract to treat the home for termites, the homeowner’s action for negligent treatment sounded in tort
- adopting 5 Kan. App. 2d 739, 625 P.2d 505 [1981]
- contract to treat consumer’s home for termites
- adopting opinion of court of appeals
Citator
UpLaw has not yet analyzed Atkinson v. Orkin Exterminating Co.. The absence of a flag is not a finding that it is good law.
- Cited by
- 22 opinions
The opinion of the court was delivered by
Herd, J.:We have carefully considered and reviewed the briefs, the arguments, and the record in this case, and we conclude the Court of Appeals was correct. We therefore adopt the opinion of the Court of Appeals, Atkinson v. Orkin Exterminating Co., 5 Kan. App. 2d 739, 625 P.2d 505 (1981), affirming in part and reversing in part the trial court, and remand the case to the trial court with instructions for trial of the punitive damages issue.
Schroeder, C.J., dissenting.