Case details

Complex failed to prevent nightly bedbug bites: plaintiffs

SUMMARY

$465660

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
In May 2013, plaintiff Johnny Reynolds, 55, a U.S. Army Veteran, allegedly began to experience bites on his body while at his residence in an apartment complex in Pacoima, a neighborhood in the northern San Fernando Valley region of Los Angeles, where he had lived for seven years. As a result, he complained to the complex owner, 12300-12301 Osborne Place LLC, via the on-site manager, which had been recently replaced by the company. However, nothing was done, despite the company having a licensed pest control operator on contract. Reynolds allegedly continued to receive bites into June 2013. He then complained again, but again nothing was done. At the end of June 2013, Reynolds’ daughter, plaintiff Jontae Reynolds, who was nine months pregnant, came to stay with her father. One night, she awoke to see a bedbug on her. She subsequently took a photo of the bedbug and told her father about it, as he had mentioned the bites he was receiving nightly. After the discovery, Mr. Reynolds again complained to the company, but once again nothing was done. As a result, Mr. Reynolds contacted the Los Angeles County Department of Environmental Health to complain. The Department of Heath then performed an inspection and found Reynolds’ unit positive for bedbugs. Mr. Reynolds and the county inspector then personally went to the on-site manager to advise him of the findings. However, the company still did nothing. Mr. Reynolds and Ms. Reynolds sued 12300-12301 Osborne Place LLC. Mr. Reynolds and his daughter alleged that the defendant’s actions (or inaction) constituted a breach of the warranty of habitability, negligence, a nuisance, a breach of contract, and negligent infliction of emotional distress. Carla Haywood was initially named as a plaintiff, but she was ultimately dismissed from the case before trial. Plaintiffs’ counsel contended that it was the management’s responsibility for providing pest control services after being notified of bedbugs and that the management was notified on multiple occasions by Mr. Reynolds and the Department of Health, but the company ignored all of the complaints and never performed any pest control. Defense counsel admitted that the property management company made a mistake in the handling of one notice of inspection from the county of Los Angeles, which found two bedbugs in Mr. Reynolds’ apartment unit, and admitted that no pest control was performed for Mr. Reynolds’ unit. However, counsel argued that Mr. Reynolds was to blame, claiming that he had brought the bedbugs into the unit himself., During the period of exposure, Mr. Reynolds received 500 to 1,000 bites all over his body. He subsequently went to a Veterans’ Affairs hospital three or four times for the bites, and was examined by the plaintiff’s dermatology expert three years later. Mr. Reynolds claimed that he is left with significant scarring all over his arms, legs, and back. He also claimed that he suffered from emotional distress as a result of being bitten nightly. The plaintiff’s dermatology expert opined that there is a strong possibility that the marks and scarring Mr. Reynolds received were permanent. The expert also estimated that any future laser treatment to even try to address the problem would cost approximately $30,000. The plaintiff’s expert entomologist opined that the company’s failure to provide treatment resulted in an explosion of the population of bedbugs in the apartment unit and that, consequently, Mr. Reynolds was exposed to the bites nightly. The expert was also permitted, over objection, to testify about Mr. Reynolds’ alleged psychological injury related to the bedbug bites. Ms. Reynolds claimed that she sustained some bites, but with no scarring. However, she claimed that her exposure caused complications at the hospital at the time of her delivery. She also claimed she had some property damage. Thus, in closing argument, plaintiffs’ counsel argued to have Mr. Reynolds and his daughter awarded $1.3 million in total non-economic damages. Mr. Reynolds and his daughter also sought recovery of punitive damages. However, at the close of the plaintiffs’ evidence, the court directed a verdict in favor of the defendant on the plaintiffs’ claim for punitive damages. Defense counsel contended that evidence indicated that Mr. Reynolds had gained counseling in 2012 for anxiety and depression, and that it was undisputed that Mr. Reynolds gained no counseling or mental health care following the bedbug exposure, which occurred mid-year in 2013. Counsel admitted that Reynolds did suffer some scarring and discoloration of skin on the arms and back related to the bites, and that photographic evidence indicated that Mr. Reynolds did suffer a significant number of bedbug bites over his body during the approximately two- to three-month time period that was at issue in the case. However, defense counsel argued that there was not much evidence of the bites interfering with Mr. Reynold’s lifestyle or life activities, outside of the two- to three-month period at issue in the case. Defense counsel also contended that although evidence was submitted that Ms. Reynolds’ exposure caused complications at the hospital at the time of her delivery, her child was healthy and Ms. Reynolds recovered completely shortly after the exposure.
COURT
Superior Court of Los Angeles County, Chatsworth, CA

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