SCRANTON – VRBO, HomeAway and Expedia say jurisdictional issues should quash a lawsuit filed by a Narberth couple, who alleged they suffered carbon monoxide poisoning during a stay at one of the company’s short-term rental properties.
The lawsuit from plaintiffs Matthew and Anna Patrick was initially filed on Feb. 14 in the U.S. District Court for the Middle District of Pennsylvania against VRBO.com, Inc., HomeAway, Inc., Parlay, Inc., Expedia Group, Inc. and Igor Mrotchek over allegations of negligence.
During plaintiffs Matthew and Anna Patrick’s stay at the Skytop Cottage on Sept. 20 and 21, 2019, the couple say they “suddenly awakened in a state of confusion, dizziness and in attempting to ascertain the problem, were caused to lose their balance and fall several times.”
An emergency response team called to treat the Patricks determined they were suffering from exposure to carbon monoxide. This caused the Patricks to allegedly suffer permanent injury, rendering them both disabled; both of them claim they will no longer be able to follow through with their usual daily routine due to the injuries suffered from the carbon monoxide exposure.
“The actions of defendants, VBRO, HomeAway and Parlay Inc., either individually and/or jointly, as described herein, were careless and outrageous. And were done in blatant disregard to plaintiffs’ health and well-being and financial well-being as to shock the conscious of the reasonable and ordinary person and exposes the defendants to an award of punitive damages,” the complaint stated.
The Patricks also claimed they both suffered from the continual loss of companionship within their relationship and feel the incident will continue to affect them into the future.
On May 15, VRBO, HomeAway and Expedia collectively filed a motion to dismiss the case, on grounds of failing to establish jurisdiction and failing to properly allege negligence.
“Plaintiffs admit that none of the Expedia defendants is incorporated or has its principal place of business in Pennsylvania. Additionally, plaintiffs’ allegations that the Expedia defendants conduct business ‘throughout the entire United States’ are insufficient to establish that the Expedia defendants are subject to general personal jurisdiction in Pennsylvania,” according to the dismissal motion.
Further, those defendants also and/or alternatively seek the dismissal of the counts of negligence, for punitive damages, for attorney’s fees and for loss of consortium, all for failure to state a claim upon which relief could be granted.
The plaintiffs are represented by attorneys with David W. Rothenberg and Howard A. Rothenberg of Howard Rothenberg & Associates, in Scranton.
The defendants are represented by Jayson R. Wolfgang of Buchanan Ingersoll & Rooney in Harrisburg, plus John Reed Evans of Donnelly & Associates in Blue Bell.
U.S. District Court for the Middle District of Pennsylvania case 3:20-cv-00269
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com