Case details
Defense claimed there was no evidence of bedbugs in room
SUMMARY
$0
Amount
Verdict-Defendant
Result type
Not present
Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
On May 5, 2013, plaintiff Kerstin Minass, 26, an account representative for a medical company, claimed that she was bitten 400 times by bedbugs while at the Renaissance Marriott Hotel in Palm Springs. Minass claimed that she notified hotel management and that the hotel had a contract with a national exterminating company that allowed for the inspection of bedbugs upon reporting them. Once Minass reported the bedbugs, the hotel sealed off the room and had the exterminators check for infestation. However, no evidence of bedbugs was found. Minass initially sued the operators of the hotel, Renaissance Hotel Operating Company Inc., Marriott Hotel Services Inc., Remington Holdings LP, and Marriott International Inc. Minass alleged that the defendants were negligent for failing to properly repair and/or maintain the hotel room. Minass voluntarily dismissed the named defendants, as they were improper entities, and substituted them with HHC TRS Portsmouth LLC, which was the correct entity doing business as Renaissance Palm Springs Hotel. Thus, the matter proceeded to trial against HHC TRS Portsmouth only on the cause of action of premises liability – failure to repair and/or maintain. Minass claimed the hotel was negligent for allowing the bedbugs to exist and populate by having no preventative measures. Counsel for HHC TRS Portsmouth contended that there was no evidence of bedbugs at the hotel and that there was no evidence of bedbug bites on Minass. Counsel also contended that there was no evidence of bedbugs in Minass’ room before, after or at the time of the alleged incident., Minass claimed she sustained over 400 bedbug bites while staying that the hotel. She subsequently treated at an urgent care center in Palm Springs, where a physician’s assistant diagnosed her with bedbug bites. Minass alleged that the urgent care facility the told her to discard all of her luggage and clothing, which she did. She then followed up with a primary care physician in Los Angeles one week after the incident. She then saw a dermatologist in Los Angeles two weeks later. Minass was given a steroid shot and topical cream. Minass claimed her condition resolved within a few weeks. However, she claimed she can no longer travel without taking her own disinfectant and sheets/bedding for fear of having any bedbug bites again. She also claimed that even when she was a newlywed, she was terrified to go on her own honeymoon due to the bedbug incident. Thus, Minass claimed ongoing emotional distress for fear of traveling outside of her home. She subsequently saw a therapist three times, once a month starting four or five months after the initial incident. She then stopped treating with the therapist one year before trial. Defense counsel argued that there was no evidence that Minass sustained any bedbug bites and contended that Minass was diagnosed with an atypical skin condition. Counsel presented contended that despite Minass’ claim that she feared traveling, evidence showed that Minass had traveled to New York City, Florida, and Las Vegas since the incident.
COURT
United States District Court, Central District, Riverside, CA
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