Local Lawsuit

By Bryan McDaniels
Professor Jeffery McLoud
Business Law 1
November 4, 2012 Alvin Kaltman, ET AL. v. All American Pest Control, Inc., ET AL. is a case from the Circuit Court of Fairfax County Virginia which was brought about by a homeowner Alvin and Gwendolyn Kaltman with a complaint against a pest control company All American Pest Control. In this paper you will learn what actions an agent of All American Pest Control did that lead to this lawsuit. What All American Pest Control management could have done to prevent this lawsuit. The ethical considerations reflected in the laws applicable to this case. Discuss which sources of law would be most relevant in this case and how All American Pest Control management could leverage knowledge of those sources to prevent similar instances in the future. Then provide recommendation of alternate resolutions that could have been pursued. " In 1996, the Kaltmans hired All American Pest Control, Inc. (“AAPC”) to treat and prevent pest infestation at their home on a quarterly basis. On October 23, 2006, All American Pest Control employee Patric J. Harrison performed the Kaltmans’ quarterly pest control treatment. At the time, Harrison was not a licensed pesticide technician in the Commonwealth of Virginia. Three days before treating the Kaltmans’ home, Harrison treated a commercial establishment with Orthene pesticide. After applying Orthene at that business, Harrison “failed to thoroughly clean his pesticide application equipment.” As a result, Harrison applied “Orthene dilution as a fan spray” to the baseboards and adjoining floor surfaces throughout the Kaltmans’ home, including “the untreated, porous concrete surfaces in the basement and garage.” As the pesticide was being applied, the Kaltmans complained to Harrison about the “unusual and extraordinarily pungent” odor. Harrison told them the