This is McFarland’s Motion for Summary Judgement in her $7,000,000.00 Lawsuit.
MOTION FOR SUMMARY JUDGEMENT AND REQUEST FOR ORAL HEARING
COMES NOW the Plaintiff, Janie McFarland, Pro Se pursuant to Fed. R. Civ. P 56, and respectfully moves this Court for and oral hearing on its motion and entry of an Order granting summary judgment against Defendant and in favor of Plaintiff on her claim that Defendant was negligent in its duty to provide Plaintiff with a room that was safe and free of bedbugs. An act that resulted in Plaintiff suffering injuries to her person. For reasons and particulars respectfully stated as follows:
1. On April 08, 2015 Plaintiff filed a claim in this court alleging that Defendant was negligent in its duty to provide a clean and safe room to Plaintiff and instead placed Plaintiff in a room infested with bedbugs. As a result Plaintiff suffered bedbug bites and has required ongoing medical attention.
2. Defendant denies that said room (Rm. 107) was infested and denies responsibility for her injuries.
3. In her request for production of documents, Plaintiff requested of Defendant, “Any report, document, statement, or invoice from an exterminator or similarly certified technician relating to the inspection, review, screen, or treatment of room No. 107 and the rooms adjacent to room 107, within the last two (2) years.
4. Defendant sent it’s response via email on November 4, 2015, in which it raised two objections and produced a three-page scanned document.
5. Plaintiff responded to Defendant via email acknowledging receipt of the report and requesting a “hard copy” of its response including the report citing that the image which was sent was unclear and not legible.
6. After three (3) requests for an original report, Defendant responded via email that there is only one original and that it cannot be sent. However, it is evident that the images sent by Defendant are not true and accurate copies of the original report, and have somehow been manipulated whereby the center of the page has been covered or left out of the submitted copy. (Exhibit A).
7. The evidence provided by Defendant does not dispute any of the facts put forth by Plaintiff but rather contradicts Defendant’s claim that the room was free of bedbugs.
In support of this Motion, Plaintiff respectfully refers this Court to its Brief in Support of Plaintiffs Motion for Summary Judgment. For these and reasons provided in the supporting Brief, Plaintiff contends that there is no genuine disputed issue as to any material fact and that she is entitled to judgment as a matter of law on her claim.
WHEREFORE, Plaintiff prays that the Court enter of an Order granting summary judgment against Defendant and in favor of Plaintiff together with such further relief in favor of Plaintiff as the Court deems just and proper.
Dated: December 17, 2015
Janie McFarland, pro se
36 Genova Court
Farmingdale NY 11735
- Case Progress:
- McFarland's Lawsuit against Super 8
- Super 8's Answer to McFarland's Lawsuit
- Interrogatories (questions asked of McFarland)
- McFarland asks court to rule against Super 8
- Super 8 asks court to rule against McFarland
- Lawsuit Docket
- McFarlands Opposition Brief