Case details

Tenants: Complex failed to properly react to bedbug infestation

SUMMARY

$3538331

Amount

Verdict-Mixed

Result type

Not present

Ruling
KEYWORDS
anxiety, emotional distress, insomnia, mental, psychological
FACTS
In 2011, the plaintiffs, tenants of two different tower structures of Park La Brea, an apartment community with 4,255 units located in 18 13-story towers and 31 two-story “garden apartment buildings,” were allegedly exposed to bedbugs in their apartments. Nineteen tenants, who lived in eight separate units and ranged in ages from 1 to 87 years old, claimed that, at various times between 2011 and 2013, they received bites, and suffered from rashes and itchiness related to bedbug exposure. Sixteen plaintiffs sued the operator of Park La Brea apartment complex, La Park La Brea LLC; the management company that operated the complex, PLB Management LLC; and a pest-control company that was on site, Round the Clock Pest Control Inc. Philip Suhr, Fumi Suhr, and their minor son, Coby Suhr, were later added as plaintiffs, and Prime/Park La Brea Titleholders LLC was added as a defendant. Plaintiffs’ counsel argued that since 2008, the management company, PLB Management, was aware of bedbugs on the premises, as Round the Clock Pest Control was on site since 2003 and had made recommendations to the management. Counsel contended that Round the Clock Pest Control told management to educate its tenants, and to use heat treatments and K-9s as a first response to bedbugs, but that PLB Management did not follow the pest control company’s advice. Plaintiffs’ counsel also argued that the defendants were negligent for failing to notify the tenants about the presence of bedbugs in the complex and for not following the recommendations of the pest control company. The plaintiffs’ expert entomologist and property-management expert opined that the property-management company has to follow the recommendations of a pest-control company and that dogs and heat should have been used as a best option. The plaintiffs’ property-management expert also opined that PLB Management’s actions fell below the standard of care. Defense counsel contended that the defendants acted reasonably and that they retained Round the Clock Pest Control, which responded in a timely manner. Counsel also contended that the defendants provided notice to tenants of the nationwide increase in issues related to bedbugs, as well as education and direction as to the proper means to report and address any suspected activity in the tenants’ units. Counsel further contended that the defendants followed all directions and recommendations from Round the Clock Pest Control as to inspections and treatment for bedbug activity at the premises. The defense’s pest-control expert opined that PLB Management acted reasonably, and the defense’s property management expert opined that PLB Management acted reasonably and within the standard of care. In addition, defense counsel argued that two of the tenants, plaintiff Alla Shmulevich, a woman in her 50s, and her son, plaintiff Alexander Shmulevich, a man in his 20s, refused all treatment and obstructed all proposed means to inspect and treat their unit. However, the Shmulevichs claimed that they chose to self-treat in order to obtain an organic method of bedbug removal because Mr. Shmulevich has asthma., The 19 plaintiffs, who lived in various units, claimed that at various times, they suffered from bites, rashes and itchiness. The subject incidents allegedly occurred in two different towers, with the majority of the cases allegedly occurring in one tower. Some plaintiffs had allergic reactions, as people respond differently to insect bites. Most plaintiffs claimed they had bites, itchiness and rashes, while others claimed more severe . However, of all the plaintiffs, there was less than $2,000 in claimed medical expenses, including the fact that some plaintiffs presented to an emergency room, while others saw dermatologists. Only five of the 19 plaintiffs sought medical treatment, including medications for allergic reactions and itchiness, and many claimed they purchased over-the-counter medications. However, all of the plaintiffs claimed that they suffered from emotional distress as a result of the bedbug exposure. The plaintiffs’ dermatology expert opined that plaintiffs’ bites were caused by bedbugs and that the exposure caused anxiety, insomnia, and emotional distress for the plaintiffs. Plaintiff Ayal Erlich, an architect in his 30s, and his wife, plaintiff Mingming Yan, a digital media manager in her 30s, were both fearful of contaminating their respective workplaces with bedbugs. Mr. Erlich, in particular, was fearful that he would lose his job, as he worked so hard to obtain his status and did not want anyone to know about his housing condition. Their son, plaintiff Ethan Erlich, a minor, was not at the property when the infestation occurred, so he was removed from the case via a motion for non-suit. The Erlich family ultimately moved from the subject apartment complex. Plaintiff Alla Shmulevich, a woman in her 50s, and her son, plaintiff Alexander Shmulevich, a man in his 20s, claimed that they suffered from emotional distress as a result of the begbug exposure. They also claimed that they were worried about Alexander Shmulevich’s asthma being impacted as a result of the exposure. The Shmulevichs both sought therapy after they moved. Plaintiff Lee Ellis, a customer service representative in his 20s, and his girlfriend, plaintiff Justine Poon, a customer service representative in her 20s, both worked for a moving company and suffered severe bites from their exposure to bedbugs in their apartment. They claimed that as a result of the bite marks, they had to deal with the humiliation at work. They also claimed that every time they had to prepare for the bedbug treatments, they had to relocate their two cats and one bearded dragon and that they were humiliated and inconvenienced by the fact that they had to ask friends to watch their pets. They eventually moved. Plaintiff Airika Kimble, an employed woman in her 30s, and her boyfriend, plaintiff Jason Stewart, an employed man in his 30s, both claimed that they experienced shame and humiliation at work as a result of the bite marks they sustained. They also claimed that they were very concerned about bringing any bedbugs to their work. They eventually moved out. Plaintiff Dmitriy Kozin, a mechanical engineer in his 40s, and his wife, plaintiff Likun Lin, a nurse in her 40s who worked in the neonatal intensive care unit, claimed that they suffered from emotional distress as a result of the bedbug exposure. They also claimed that their son, plaintiff David Kozin, a 1-year-old child, also suffered from emotional distress. In addition, Lin claimed that she had major issues with the housing condition, as she takes care of babies who are sick, and was worried and traumatized about being near them due to the bedbugs. They ultimately moved out. Plaintiff Philip Suhr, a securities salesman in his 30s, and his wife, plaintiff Fumi Suhr, a massage therapist in her 30s, claimed that they suffered from emotional distress as a result of the bedbug exposure. They also claimed that their son, Coby Suhr, a 1-year-old child, also suffered from emotional distress as a result of the incident. In addition, Mr. and Ms. Suhr claimed that they were concerned about transporting bedbugs to their work. They ultimately moved. Plaintiff Vivian Hsu, an education data analyst in her 30s, claimed that she had to leave work and go to the emergency room due to a severe allergic reaction to the bedbug bites. She claimed she suffered from emotional distress as a result of the incident and that she was humiliated and distressed because she had to tell her supervisors and coworkers about everything that had occurred. She ultimately moved. Plaintiff Abraham Bernato, an 87-year-old retiree, and his wife, plaintiff Guillermina Bernato, a 71-year-old retiree, both claimed that they suffered severe emotional distress as a result of the begbug exposure. Mr. Bernato was in the beginning stages of dementia. They claimed that they used to be visited by their grandchildren and family for dinners every Friday night at their unit, but that their grandchildren would no longer visit them due to the housing condition. They claimed that they remained at their unit and did not move and that as a result, their grandchildren never returned to see them. Plaintiff Kyle Johnson did not participate in the trial and was subsequently eliminated from the case by a motion for non-suit.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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