Case details

Store denied supplying furniture products infested with bedbugs

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
emotional distress, mental, psychological
FACTS
On March 7, 2013 and March 9, 2013, plaintiff Jennifer Notarmaso, 30, rented a leather headboard and leather footboard, and a new mattress in a sealed mattress bag, from an Aaron’s Inc., a furniture store in Alameda. One person had previously rented the headboard and footboard. The items were delivered to Notarmaso’s apartment, in San Leandro, on March 9, 2013, and March 16, 2013. Notarmaso and her son, plaintiff Julian Notarmaso, 2, claimed that the furniture contained bedbugs when delivered and that they sustained bedbug bites and economic loss. Jennifer and Julian Notarmaso sued Aaron’s Inc., alleging breach of contract and products liability claims of failure to inspect and breach of warranty. Notarmaso contended that she found a dead bedbug on the bed frame, and when she ripped open the headboard she found hundreds of bedbugs. She disposed of the headboard and footboard. However, she said that before doing so, she hired a licensed pest control operator to inspect them and he found at least 10 live bedbugs. Another inspector found one live bug in the apartment, after the bed had been removed. Notarmaso blamed the store for failing to inspect and treat the furniture for the infestation. Counsel for the store argued that Notarmaso did not provide the names of the two inspectors, and therefore it was only her word that she had hired them. Moreover, there were no photographs of the headboard and bedbugs. Notarmaso only had photos with what appeared to be two dead bedbugs and there was no time-stamp on the photos. It was also disputed as to when Notarmaso made her first complaint to Aaron’s. Notarmaso asserted she reported the bedbugs to the store on April 30, 2013, but the store claimed she notified it for the first time on May 23. According to the store’s entomology expert, if even one fertilized bedbug egg had been in the bed structure in early March 2013, there would have been evidence in the apartment of hundreds or thousands of bed bugs by April 30, 2013, due to bedbugs’ characteristics of shedding exoskeletons through five stages, defecation, and prolific reproduction; however, there was no evidence of any bugs at the apartment., Plaintiffs claimed bite , including irritation and scarring, though no evidence was presented. They also claimed shame and depression. Notarmaso contended that she threw away thousands of dollars’ worth of furniture, televisions, clothes and other items of personal property. She also said she discarded an antique piece of furniture worth $10,000, though she provided no evidence. Notarmaso maintained that she did not take any belongings when she moved to a new residence. She testified that the bites she allegedly suffered made it difficult for her at work, as others were concerned she would infest the office with bedbugs. Neither plaintiff sought medical care.
COURT
Superior Court of Alameda County, Hayward, CA

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