CHARLESTON – A proposed class action lawsuit has been filed accusing a Dunbar hotel of an bed bug infestation that left at least two individuals infected and injured.
Jashar Morris Sr. and Brittany Davis, both of Winston-Salem, N.C., filed the lawsuit on behalf of themselves and others similarly situated against S&P Hospitality LLC, which operated the Super 8 Motel in Dunbar.
According to the complaint, both Morris and Davis were bitten by bed bugs during their stay in Room 302 at the motel on November 3, 2021. They say the bugs caused multiple wounds, irritation, bacterial infection, itching and eventual scarring. They say they continue to suffer physical an emotional injuries.
Giatras
“The defendant repeatedly rented rooms to unaware and trusting customers despite the fact that those rooms were infested with insects that feed only on human and animal blood,” the complaint states. It goes on to further explain cimicidae, or a bed bug, is a blood-sucking arthropod that often lives in substandard housing amid filthy conditions and poor hygiene, often in dirty mattresses and box springs.
The plaintiffs said they awoke the next morning with papules forming on their body that began to itch and become inflamed. They say they immediately checked out of the motel, purchased bed bug treatment, suffered monetary losses and had to deal with the turmoil of family being attacked by bed bugs.
They say the defendant’s negligence, failure to properly inspect and clean the room and breach of their duties caused them damages. They say the defendant was unjustly enriched by charging them for a substandard room.
The complaint suggests the class being any customers who rented motel rooms and stayed at the Super 8 on or after April 18, 2018. It says the proposed class is estimated to be at least 2,000 individuals.
The plaintiffs accuse S&P Hospitality of premises liability, negligence, negligent infliction of emotional distress, violation of the West Virginia Consumer Credit and Protection Act, battery of a business invitee, breach of express and implied warranty of hospitality as well as unfair deceptive acts and practices.
They seek compensatory, punitive, consequential and other derivative damages a well as general damages for inconvenience, annoyance. They also seek attorney fees, court costs, pre- and post-judgment interests and other relief.
Troy Giatras and Matthew Stonestreet are representing the plaintiffs and the potential class. The case has been assigned to Circuit Judge Jennifer Bailey.
Kanawha Circuit Court case number 22-C-286