Case details

Plaintiffs claimed emotional distress from bed bug issue

SUMMARY

$71652

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
In June 2011, married plaintiffs Christie Hjelm, 36, a wedding coordinator, and Justin Hjelm, 37, a commercial glazier, along with their two infant children, Addison, 6 months old, and Evan, 1.5 years old, moved into a rental townhouse in San Mateo. In the spring of 2012, the Hjelm noticed rashes on Evan, but did not know what the cause of it was. In August 2012, they discovered bed bug infestation in Evan’s crib. The Hjelms immediately alerted the property manager, who brought in an exterminator. However, the Hjelms moved out of the rental property that month. The Hjelms sued the owner of the rental property, Prometheus Real Estate Group Inc. The Hjelms alleged that the defendant’s actions constituted negligence/premises liability, constructive eviction, breach of warranty of habitability, breach of covenant of quiet enjoyment, nuisance, and negligent infliction of emotional distress. During litigation, Addison and Evan were added as plaintiffs with personal injury complaints, but they were later dismissed from the case prior to trial. The Hjelms contended that while the property manager attempted to remedy the bed bug infestation when it was reported in August 2012, the origin of the infestation began one year prior, in the neighboring unit of the townhouse. They claimed the tenant of that dwelling complained on multiple occasions, but the defendant did not act according to policy in remedying the matter, resulting in the infestation that traveled into the Hjelm dwelling. They further claimed the defendant’s existing policy on pest control was deficient and inadequate. Prometheus disputed the Hjelms’ claims, claiming that it had a firm policy regarding pest control and that it acted accordingly on both occasions of infestation. It also claimed that the neighboring tenant only complained once and that the infestation was immediately treated, as it was when the Hjelms alerted the property manager in August 2012., The Hjelms claimed the infestation, and resulting exposure to their children and personal property, led to their constructive eviction in August 2012. Mrs. Hjelm claimed she was escorted out of work by security due to fear of exposure to the infestation, which was an embarrassing experience. Mr. and Mrs. Hjelm also claimed that they lost personal property and security deposit as a result of the infestation. The Hjelms alleged that the ordeal compromised their children’s well-being, causing them emotional distress. They claimed they experienced guilt for placing their children in harm’s way, as the bed bugs were discovered in the cribs. Defense counsel disputed whether Evan and Addison had actually been bitten by bed bugs. Counsel also argued that Prometheus could have sued the Hjelms for unpaid rent, as the subject lease had not yet expired when they vacated the dwelling.
COURT
Superior Court of San Mateo County, San Mateo, CA

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