MEDIA – A Delaware County-based Econo Lodge Hotel has denied liability for alleged bed bug-related injuries that a Philadelphia man says he suffered during a stay at the hotel more than two years ago.
Phouvieng Kotanone of Philadelphia filed suit in the Delaware County Court of Common Pleas on Oct. 31 versus Econo Lodge Philadelphia Airport and Tinicum Lodging, Inc. of Lester, plus John Doe.
“On or about Nov. 1, 2020, and for some time prior thereto, defendants acting either individually or by and through their agents, servants, workmen, representatives and/or employees, acting as aforesaid, carelessly and negligently allowed a dangerous and defective condition, to wit allowing an infestation of bedbugs to manifest inside the premises and specifically, in the motel/hotel rooms and/or apartments located thereon. This condition was permitted to exist on premises at the aforesaid location for an unreasonable period of time,” the suit said.
“On or about Nov.1 2020 through Nov. 3 2020, plaintiff was a business invitee at the aforesaid premises as a result of renting a hotel/motel room from Nov. 1, 2020 through Nov. 3, 2020. On or about Nov. 1, 2020, while a business invitee of defendants at the aforesaid premises, plaintiff suffered multiple insect bites by reason of coming in contact with the aforementioned dangerous and defective condition at the aforesaid premises, thereby causing plaintiff to suffer the severe and permanent injuries and damages which form the basis for this action.”
The suit added the aforesaid accident “was due solely to the negligence and carelessness of the defendants, acting as aforesaid, and was due in no manner whatsoever to any act or failure to act on the part of the plaintiff.”
“As a result of the negligence and carelessness of the defendants, plaintiff suffered injuries which are or may be serious and permanent in nature, including but not limited to, multiple insect bites, excessive itching, rashes, dermatitis, scarring and spots on plaintiff’s body, as well as other physical and psychological injuries and annoyances as may be diagnosed by plaintiff’s health care providers, all of which injuries have in the past, and may in the future, cause plaintiff great pain and suffering,” the suit stated.
“As a further result of the negligence and carelessness of the defendants, plaintiff has been or will be required to receive and undergo medical attention and care and to expend various sums of money and to incur various expenses, including but not limited money spent on remediation efforts loss of furniture, loss of clothing and other sums and may be required to continue to expend such sums or incur such expenditures for an indefinite time in the future.”
UPDATE
Defendant Tinicum Lodging, Inc. filed preliminary objections in the case on Jan. 5, citing Connor v. Allegheny General Hospital as barring the inclusion of what it referred to as “allegations set forth in the [plaintiff’s complaint] which fall well short of being a statement in a ‘concise and summary form, of the material facts upon which the plaintiff’s cause of action is based.”
The defendant countered that information in the complaint relating to the plaintiff’s injuries are so general as to be improperly-pled.
“Connor has been consistently read as requiring courts to strike portions of complaints that are so general that they could permit a plaintiff to supplement allegations after the statute of limitations has ran. Paragraph 21(u) consists of the exact language that the court in Connor sought to evade, as it is so general and lacking in specificity that moving defendant is unable to respond due to the lack of notification of the specific claims lodged against them. Accordingly, based upon the above-cited law, Paragraph 21 (u) must be stricken from plaintiff’s complaint as mandated by Pennsylvania Rule of Civil Procedure 1019 and Connor,” the objections stated.
For a single count of negligence, the plaintiff is seeking damages not in excess of $50,000, plus interest, costs and attorney’s fees.
The plaintiff is represented by Michael T. van der Veen of van der Veen Hartshorn & Levin, in Philadelphia.
Defendant Tinicum Lodging, Inc. is represented by Theodore M. Schaer and Michael J. Schaer of Zarwin Baum DeVito Kaplan Schaer & Toddy, also in Philadelphia.
Delaware County Court of Common Pleas case CV-2022-008142
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com