A second bedbug lawsuit has been filed against the same Xenia-area hotel, where this time guests saw employees putting bugs in a container after removing them from the bed in their room, as reported by the Dayton Daily News.
The personal injury lawsuit was filed in Green County Common Pleas Court during the week of October 25.
While registered at the hotel, on S. Allison Avenue, two different plaintiffs witnessed bugs either on their clothes or in a bed they had just sleep in.
Attorney Kenneth J. Ignozzi is representing both plaintiffs, though neither knows the other, against the same defendants. Named in the suit are the operators of the hotel, A.K.J. and Jain Inc., as well as Knight's Franchise System Inc. and Wyndham Worldwide Corp.
The two plaintiffs are M.A.A. of Dayton and D.A.W. of Washington.
Per Ignozzi, M.A.A., along with his wife, had "planned on staying there for a couple days while their apartment was getting ready. They were only there one night and woke up and he had bites all over him. Of course, they left early. They told the front desk, and they said, 'Nah, we don't have bedbugs here,' and it was like, 'Sure, you do.' "
The couple then claimed to witness hotel employees cleaning the room by "pulling the bed sheets down" and then seeing the "bugs crawling around" before "the hotel employees somehow or another scooped it up and put the bug in a container said that they would be given to the exterminator."
Plaintiff D.A.W. alleged that his clothing - that was stored at the hotel - was infested with bugs in October of 2010.
Ignozzi stated that "It's not a claim that they have marks on their skin" but that each witnessed, first hand, seeing the bugs.
Two other hotel residents, a couple, claimed to have been injured by bedbugs during a stay at the same hotel in 2008. Their claim, filed a year ago, is in mediation. An attorney representing the hotel, Christopher Johnson, said, "The plaintiffs presented no evidence that there were bedbugs in the motel room and no evidence that bedbugs were the cause of the injuries that they were claiming."
In the 2008 case, one party claims to not only have suffered with physical injuries but remains fearful of hotels due to the psychological damage she has sustained. Both parties claim that they received bites to their thighs, buttocks and groins - as well as other body parts.
In the current claim, Ignozzi states that his client, M.A.A., not only missed a full day of work, he also had to seek care in an emergency room.
The current suit claims that the hotel was negligent in their failure to conduct adequate inspections, prevent bedbug infestations and warn plaintiffs of a current bedbug infestation in their hotel.
If you have been bitten by a bug, or "stung" in any way, you may have grounds for a lawsuit and can be eligible for monetary compensation for your pain and suffering. Contact a personal injury lawyer today!