Kyle Barnett Feb. 27, 2015, 5:03pm


GRETNA – A pair of local homeowners are suing a pest control company for not treating their home properly for termites that allegedly led to an infestation and property damage.

Amanda Fisher and Christopher Fisher filed suit against H&M Pest Control Corp. and Steven W. Persigo in the 24th Judicial District Court on Jan. 2.

The Fishers claim that on Jan. 13, 2012,they contracted with H&M Pest Control Corp. to treat their home for termites. However, the plaintiffs allege the defendants failed to properly treat and as evidence they found a mud trail on the front of their home on Jan. 5, 2014 and the following day Persigo inspected the area and notified them that termites had breached a chemical barrier and had infested a small portion of a wall in their home. The Fishers contend Persigo told them he would spray a liquid into the wall to eradicate and kill any termites.

The plaintiffs assert that a month later H&M Pest Control Corp. did an annual inspection and did not notice any termite activity, although they allege the earlier infested area was not inspected. Months later, in September 2014, the Fishers purportedly removed a piece of carpet in their home and found termite trails running along the length of their home, into the walls and up into the attic which originated from the area that had been previously treated for an infestation. The Fishers claim when they called H&M Pest Control Corp. about the infestation they could not contact anyone and instead called another pest control company that treated the area. Furthermore, when the plaintiffs did speak with the defendants the following day, they were allegedly told their contract was dissolved because the other company had treated the area and they refused to pay for any of the damage.

The defendant is accused of bad faith, breach of contract and unjust enrichment.

An unspecified amount in damages is sought for costs of repeated termite damage, mental pain and suffering, diminution in value of home and the increased costs of contracting another company.

The Fishers are represented by Kevin M. Gennusa of Metairie-based Genus, Piacun & Ruli.

The case has been assigned to Division E Judge John J. Molaison Jr.

Case no. 745-505.

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