A 79-year-old woman who was found swarmed by fire ants at the nursing
home where she lived was awarded $5.35 million by an Alabama jury.
Linda Law, an employee of Greystone Retirement Community in Huntsville,
Ala., made the shocking discovery when she entered Lucille Devers'
darkened room to deliver clean laundry. Ants covered Devers' body, her bed
and the walls of her room. Devers, who was sitting, stood up and Law saw
ants flowing from her mouth, nose, ears and hair. Law immediately put her
in the shower, sustaining 70 to 80 bites herself in the process.
Devers' daughter, Jeanne Hupfer, had taken her to a doctor the day
before for itching and burning pains on her legs. The doctor diagnosed ant
bites and prescribed ointment and bathing.
Devers and Hupfer sued Greystone and Terminix International Co., the
home's pest-control contractor, alleging that Greystone had substantial
notice of an ant problem but ignored it and that Terminix failed to
perform its monthly services properly, spraying pesticides for as little
as eight minutes when 40 to 45 minutes was required.
Greystone contended that the fire ant invasion was a recent one and
that the incident was unforeseeable. Greystone employees, however,
testified that ants had been seen at the home prior to this incident.
Terminix argued that it had performed according to the requirements of its
contract with Greystone.
Devers suffered hundreds of bites from which she developed a staph
infection. She also suffered aggravation of an underlying delusional
condition, causing an increase in her hallucinations. She sought damages
for permanent injury, aggravation of mental illness, emotional distress,
pain and suffering and medical expenses.
Devers' attorney, S.A. "Bud" Watson Jr., said he sought to keep the
case out of arbitration and bring it to trial.
"I viewed this case as being significant to all people in extended
care," Watson said. "If the trial had been in a vacuum of arbitration,
experience teaches that it would have had no benefit to the community at
large."
The $5.35 million award, returned on June 28, included $3.5 million in
punitive damages, with Greystone and Terminix paying $1.75 million each.
Plaintiffs' attorneys: S.A. Watson Jr., Hornsby, Watson, Hornsby
& Blackwell, Huntsville, Ala.; Thomas Scott McGrath, Thomas S.
McGrath, Huntsville
Defense attorneys: Benjamin R. Rice, Spurrier, Rice, Wood &
Hall, Huntsville; John S. Key, Eyster, Key, Tubb, Weaver & Roth,
Decatur, Ala.
