Trial Magazine

Sharon Brockington, 63, lived at Arbor Place, a housing complex for people experiencing mental health issues. A pest treatment technician for Terminix Services, Inc., applied a bed bug heat treatment to Brockington’s apartment and provided her with reentry instructions that permitted her to return to her apartment in two to four hours.

The next morning, Brockington’s landlord found her deceased in her apartment, where temperatures were recorded at 109 degrees Fahrenheit more than 20 hours after the bed bug treatment. An autopsy revealed the cause of death was hyperthermia and organ failure resulting from extreme heat exposure. Brockington is survived by her two adult children.

Brockington’s estate sued Terminix Services, Inc., and national franchisor Terminix International Co.; the owner of the apartment complex and its property manager; the manufacturer of the propane heater used in the treatment; and Brockington’s mental health provider, the South Carolina Department of Mental Health.

The plaintiff alleged that the Terminix technician provided incorrect reentry instructions, allowing Brockington to reenter her apartment before the requisite 12 hours and exposing her to the latent danger of excess heat energy stored in the apartment’s walls, subfloor, and infrastructure. Suit also claimed that Terminix inadequately trained its technician, who lacked sufficient knowledge of basic pest control techniques.

The plaintiff claimed the mental health provider had undertaken special responsibility for the well-being of residents at the complex—including Brockington, who took the drug Cogentin, which can interfere with internal body temperature—and failed to properly carry out that responsibility.

Suit against heater manufacturer GreenTech Heat Solutions asserted that the Titan 500 direct-fired propane portable heater the technician used was not properly calibrated and produced excessive heat energy.

Terminix argued that the technician followed the company’s usual practices for heat treatments. The defense also asserted that Brockington should have stayed out of the apartment in light of its extreme heat.

The parties settled for $4.2 million. Terminix Services contributed $2 million; the apartment complex owner, property manager, and mental health provider paid $1.35 million; and GreenTech Heat Solutions paid $850,000.

Citation: Thomas v. Terminix Servs., Inc., No. 2020-CP-16-00693 (S.C. Cir. Ct. Darlington Cnty. May 4, 2022).

Plaintiff counsel: J. Michael Baxley, Douglas Jennings Jr., and Mason King, all of Bennettsville, S.C.; and George D. Jebaily, Florence, S.C.