Case details

Defense claimed no evidence of harm from bed infestation

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
In January 2014, plaintiff Michelle Colvin and her son, plaintiff Jeremiah Johnson, found bedbugs and cockroaches in an adjustable medical bed that they rented from Premier Medical Equipment & Supply Inc. Colvin’s mother, who was also Johnson’s grandmother, was terminally ill. As a result, a medical bed was rented for her use, but it was found to be infested with pests. The mother/grandmother passed away in February 2014 of natural causes unrelated to the incident. Colvin and Johnson sued Premier Medical Equipment & Supply Inc., alleging negligence, strict products liability, breach of warranty of merchantability and breach of warranty of fitness for a particular purpose. They also alleged that Premier’s actions constituted negligent infliction of emotional distress as a result of them having observed the pests. Colvin and Johnson both claimed that the medical equipment was infested with pests when it was delivered. Defense counsel admitted that the equipment had pests, despite Premier’s standards, procedures and inspections. Counsel that noted when Premier was notified about the bugs, it had the bed immediately removed, and it had the terminally ill woman placed into a skilled nursing facility for a week while it had the home fumigated and cleaned. Once the cleanup was completed and the bed was replaced, the mother/grandmother returned home., Colvin and Johnson claimed that they both suffered emotional distress as a result of the incident. They also sought recovery of punitive damages. However, the punitive-damages claims were removed from the case after the court granted the defense’s motion for summary adjudication. Defense counsel argued that there was no evidence of any physical or psychological injury to Colvin, Johnson, or the terminally-ill woman as a result of the pests. Counsel contended that Colvin did not seek any medical or psychiatric care for her alleged emotional distress and that Johnson had already been seeing someone before, and after, the incident, but never said anything about the pests.
COURT
Superior Court of San Bernardino County, San Bernardino, CA

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