Formet

This appeal by plaintiff Kelly Formet is from a summary judgment in favor of defendant The Lloyd Termite Control Co., a licensed pest inspection company. In furnishing a “Wood Destroying Pests and Organisms Report,” defendant allegedly failed to discover and disclose a specified area of dry rot damage, which caused plaintiff to fall from a balcony. At the time, plaintiff was a guest of the property owners to whom the property had been transferred by the previous owner who, in turn, had contracted with defendant to provide the report. The trial court granted summary judgment, finding defendant owed no legal duty to plaintiff. Upon de novo review, we agree with the trial court and affirm.

FACTS AND PROCEDURAL HISTORY

Sandra Jean Caskey inherited the property from her mother, who had resided there for over 40 years. Before inheriting the property, Caskey had enlisted the services of a licensed home inspector to evaluate the property. The inspection noted “evidence of wood destroying insects[,] organisms and/or rot observed at posts, doors, trim, etc. Recommend further evaluation by licensed structural pest control company.” (Capitalization omitted.) The report also noted…