Case details

Bed bug attack at hotel led to emotional distress: plaintiffs

SUMMARY

$546500

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
anxiety, arm, disfigurement, emotional distress, face, head, leg, mental, neck, nose, psychological, scar
FACTS
On March 16, 2013, plaintiffs Martha McKindra and Alex McKindra, both 63 and retired, checked into the Hilton Garden Inn, in Rancho Cucamonga. The married couple was in town to drop off a car with their son, plaintiff Marcus McKindra, 34, a Department of Defense employee. Marcus McKindra was stationed at Vandenberg Air Force Base, but drove to Rancho Cucamonga to pick up the car. He also checked into the same hotel room as his parents. At around 4 a.m., the family woke up to find their beds covered with bedbugs. Martha and Alex McKindra had visible bites from the bedbugs, and they attempted to switch rooms. However, they were told that the hotel was full. They were transferred to another hotel for the remainder of the night, but they claimed the ordeal left them with severe emotional distress. Martha, Alex and Marcus McKindra sued the owner of the hotel, Tharaldson Financial Group Inc. (The suit was initially filed against Heritage Inn of Rancho Cucamonga Inc., but that defendant was dropped and Tharaldson Financial Group was added once it was determined that Tharaldson Financial Group was doing business as Heritage Inn of Rancho Cucamonga.) The McKindras claimed that Tharaldson Financial was negligent in its maintenance of the subject property. They also claimed that the company’s actions constituted a nuisance, outrageous conduct, a breach of contract, and intentional and negligent infliction of emotional distress. Specifically, the McKindras pointed out that the hotel had a history of bedbug problems. The family claimed the hotel had failed to implement the appropriate procedures to get rid of the bugs or warn the family about the presence of bugs. Tharaldson Financial conceded negligence. The trial addressed damages., Martha and Alex McKindra had visible bedbug bites after their night at the hotel. Martha McKindra’s bites were on her arms, legs, neck and face, while Alex McKindra’s bites were on his arms, legs and head. While Marcus McKindra had no apparent bites, the family’s attorney pointed out that bedbug bites aren’t always visible. Martha McKindra was the only plaintiff to seek treatment for her . She went to a doctor a few days after the incident, where she received Benadryl and the skin cream hydrocortisone. She claimed that despite the treatment, the bites left her with scarring. She also claimed that the bedbug attack left her traumatized. Martha McKindra claimed she developed a phobia of bugs and now has trouble sleeping at night. Ultimately, three years after the attack, she saw a therapist for her continued emotional distress. Alex McKindra claimed the bites led to emotional distress and a loss of enjoyment of life. He also claimed his wife’s condition caused him anxiety at night and made it hard for him to sleep. In addition, he claimed he developed a fear of traveling. Marcus McKindra claimed he suffered from anxiety and humiliation as a result of the incident. He also pointed out that when he and his parents went to the new hotel, an employee from Hilton Garden Inn wrote a note saying that the family needed a place to stay because of bedbugs. Marcus McKindra claimed he felt Hilton Garden Inn was blaming him and his parents for what happened. Thus, each of the plaintiffs sought recovery of damages for their respective past and future pain and suffering. Defense counsel insisted that the hotel did not commit intentional infliction of emotional distress because it didn’t show reckless disregard for the plaintiffs’ safety. Thus, defense counsel maintained that the plaintiffs should only receive a minimal award.
COURT
Superior Court of San Bernardino County, San Bernardino, CA

Recommended Experts

NEED HELP? TALK WITH AN EXPERT

Get a FREE consultation for your case