This is Defendant’s Motion for Summary Judgement in $7,000,000.00 Bed Bug Lawsuit.
COMES NOW Defendant Chaxu, Inc. d/b/a Charlottesville Super 8 Motel, by and through Counsel, and pursuant to Fed. R. Civ. P 56, respectfully moves this Court for the entry of an Order granting Summary Judgment in favor of the Defendant for the following reasons:
1. Plaintiff filed her complaint citing §35.1-28 of the Virginia Code, however such statute does not give a hotel guest a negligence per se cause of action but instead prescribes the duties that an innkeeper must provide, as well as the limitations of liability for loss of valuables of a guest.
2. As noted in the attached Affidavit from the owner of the Defendant hotel, at no time prior to the Defendant’s stay did the hotel have notice of any alleged bed bugs in the room where the Plaintiff stayed. (Exhibit 1).
3. Moreover, the Defendant contracted with Orkin Pest Control, who routinely provided pest control maintenance and service of the hotel, including room 107. Invoices evidencing regular servicing and maintenance are attached as Exhibit 2. Such invoices show no mention of bed bugs or treatment for bed bugs. Moreover such invoices show reasonable efforts on the part of the Defendant to treat and/or avoid the occurrence of pests, including bed bugs. Such maintenance efforts on the part of the Defendant are sufficient to satisfy the duties prescribed in §35.1-28 of the Virginia Code.
4. The Plaintiff, herself, during her deposition also noted that prior to allegedly noticing and feeling bed bugs on her body, she saw no bugs in her bed or in the room. (See Exhibit 3).
5. In order for the Plaintiff to prevail against the Defendant for common law negligence, the Plaintiff must show that the Defendant knew, or should have known, about the existence of alleged bed bugs in the Defendant’s room. The evidence shows that the Defendant did not know, and should not have known about the existence of alleged bed bugs.
6. Therefore the Defendant’s motion for summary judgment should be granted.
Respectfully submitted,
CHAXU, INC D/B/A
CHARLOTTESVILLE SUPER 8 MOTEL
By Counsel
Imie Aisiku Harber, Esquire
Virginia Bar # 72686
10555 Main Street, Suite 400
Fairfax, Virginia 22030
(703) 273-2777
(703) 691-4288-Fax
Counsel for Defendants
Filed IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA CHARLOTTESVILLE DIVISION Civ. No.: 3:15CV00016
JANIE MCFARLAND,
Plaintiff,
v.
CHAXU, INC. d/b/a CHARLOTTESVILLE
SUPER 8 MOTEL,
Defendant.