In a ruling of first impression, a Manhattan judge has scratched a request for punitive damages in a bedbug case.

But the judge, Acting Supreme Court Justice Judith J. Gische, let go forward the negligence claims of two Maryland tourists for bites they sustained during a two-night stay at the theater district’s Milford Plaza.

The tourists, Debra Grogan and her adult daughter, Dana, are seeking $2 million in compensatory damages and an unspecified amount of punitive damages.

In rejecting their request for punitive damages, Justice Gische referred to a New York City Department of Health pamphlet in ruling that the two women had failed “to raise a triable issue of fact whether bedbugs are anything more than a nuisance.”

It’s important to understand that the plantiffs are still able to proceed with their claims for $2 million in compensatory damages for negligence. Only the request for punitive damages has been rejected.

What is interesting here is that in making this decision, the judge apparently cited the NYCDOMHH Bed Bug Fact Sheet, which asks and answers questions about bed bugs, and says:

ARE BED BUGS DANGEROUS?

Although bed bugs are a nuisance, they are not known to spread disease.

The plaintiff is suing the Milford Plaza and the Pest Control Operator with whom the Milford had a contract (PAC Extermination Services). The Grogans stayed in a room infested with bed bugs that was near two rooms treated for bed bugs less than a month earlier, but which was itself not treated:

Evidence in the case showed that three weeks before the Grogans’ stay, the hotel had asked PAC to exterminate bedbugs in two rooms near the room reserved by the Grogans. Work orders had been issued for rooms 1511 and 1512 on Dec. 22, 2002. The Grogans stayed in room 1540 from Jan. 17 to Jan. 19, 2003.

The Grogans’ argument is backed up by an entomologist’s testimony that bed bugs travel from room to room:

In support of their claims, the Grogans presented the affidavit of an expert in insects who teaches epidemiology and other courses at the University of Alabama School of Medicine.

(It’s worth noting that although bed bugs are not currently known to spread disease, they are still the subject of study by an entomologist who teaches epidemiology in a medical school.)

The entomologist, Robert J. Novak, reported that bedbugs can “easily” migrate from one room to another and that “proper eradication techniques” require inspection of “adjacent or contiguous rooms, or even rooms on several floors above and below” the floor where the pests had been spotted.

With the defendants having offered no affidavit to counter Dr. Novak’s assertions, Gische wrote, the Grogans had presented enough evidence that the hotel had “constructive notice” of the need to fumigate room 1540 to deny the defendants’ motion for summary judgment.

The case must go to trial, Gische ruled, because Novak’s affidavit “set forth genuine issues of fact about the life span of bedbugs, how they migrate and whether these factors should have been (or were) taken into consideration by the defendants in how rooms were treated following bedbug complaints by other guests.”

Even more interesting, this case may have ramifications for the ways PCOs treat for bed bugs.

PAC Extermination Services had argued that it should be released from the case because its obligations were limited to completing work in specifics rooms the hotel had asked to be fumigate.

But Gische said a jury must decide whether the exterminator’s duties were so “comprehensive and exclusive” that it had assumed a duty to keep rooms, other than those for which it received work orders, in “a reasonably safe condition.”

We often hear from PCOs who treat buildings that landlords will ask them to treat just the infested room or rooms, and will often refuse to have other adjacent units on the same or other floors inspected. I can only assume that many hotel managers will make the same request.

In such a case, it’s my understanding that PCOs have two choices: refuse the job (knowing some other PCO will be happy to do as the landlord asks), or do the job, knowing it is likely not enough. This is not an easy choice to make, by any means.

Depending on the court’s findings in this case, we may see a change in this. It may mean more PCOs refuse to treat under such circumstances, insisting instead that adjacent and nearby units are inspected and/or treated.

It could also have ramifications for the price of treatment, since it will doubtless lead to more litigation along the same lines.

• Mathias v. Accor: an oldie but goodie
• Gaston County, N.C. health officials to hotel: bed bugs not a serious violation
• FAQ: Where can I read about bed bug lawsuits? Can you help me find a lawyer?
• Virginia Beach hotel sued over alleged bed bug attack

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Richard Jebb of Nashua, New Hampshire, is suing his rooming-house, having had nine treatments in his room and still suffering from bed bugs, according to the Nashua Telegraph.

 On Tuesday, Jebb took his bug problem to Nashua District Court, suing his landlord, Mark Flint, and the owners of the building, 23-25 Temple Street Realty LLC, for interrupting the “quiet enjoyment” of his property by not eradicating the problem in a timely fashion.

The company faces a $1,000 a day penalty for every day of the violation, about $240,000 if it is proven the company was in violation of the law in June.

Sixteen units inspected showed signs of bed bugs earlier this month.

The bugs only come out at night, he said, remarking that tenants in the building talk about seeing the bugs on their television screens late at night, something he said he recently experienced.

It’s not uncommon, especially in SROs, rooming houses, and other low-income housing, that tenants are afraid to (or don’t know how to) demand help with the problem.

Although many tenants in the building are suffering with the problem, Jebb said not all of them are willing to speak up about it.

Thank goodness Jebb was willing to go to bat:

It is partly for the “little guy” that Jebb said he decided to put his rent money in escrow and fight the issue in court.

“If that’s what it takes to get this building under control for all these people.”

• Nashua, N.H. laws may change in part based on recent bed bug cases there
• Still more from Nashua, New Hampshire: fewer bed bugs at 23-25 Temple St.
• Nashua, NH Health Officers on prowl for bed bugs
• More bad news about Denver’s bed bug-infested Halcyon House

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To think that someone, somewhere, had to be convinced that bed bugs are indeed vermin.

Reader, I envy those people.

I am treading the dangerous space of quoting too much from an article, to make sure this information is preserved for posterity.  The Enquirer, cinncinnati.com reports:

By adding them to Cincinnati Municipal Code Section 1601-17, bedbugs are among the critters the city ordinance requires owners and occupants of buildings to control.

Council also voted Wednesday to ask the Cincinnati Board of Health to change all its regulations regarding vermin infestations.

Until council added bedbugs, it was illegal in Cincinnati to permit an infestation of “rodents, fleas, lice, roaches, weevils” and unspecified “other vermin.”

Harboring a vermin infestation is a fourth-degree misdemeanor, punishable by up to 30 days in jail and a $250 fine.

But in saying that “owners and occupants” must eliminate bed bugs or face a fine or jail time, can someone tell us if tenants = “occupants”?

In other words, are landlords liable for eliminating tenants’ bed bugs in Cincinnati?

In still other words, what happens when people can’t afford proper treatment to eliminate bed bugs? Will there be any assistance for them?

Bottom line: is this ruling going to mean fewer people suffer from bed bugs, or that more people face fines and jail time?

• More bad news about Denver’s bed bug-infested Halcyon House
• Urgent: if you’re in Cincinnati…
• Cincinnati Establishes Bed Bug Furniture Pick-Up Procedures and Hotline
• Council bed bug treatment in the UK: rates going up

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• Spring break bed bug warnings!
• Stanford still fighting bed bugs
• FAQ: How can I avoid bedbugs while traveling?
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Here she tells the story, and asks a few questions of attorney Steven De Castro (who’s been involved with bed bug lawsuits) and local entomologist/ Bedbugger hero Lou Sorkin. She talks about the signs and symptoms of bed bugs, but not really any suggestions about what to do to avoid taking them home.

If you recall, in September 2006, NY1 covered the city council hearing in New York (on bed bugs and the reselling of mattresses). They illustrated the opening with a nice, big photo of a dust mite. The segment below occurred within six months of that incident (I don’t know exactly when, but it was uploaded to YouTube in February). Suffice it to say, they’ve come a long way in those six months.

(I am not sure how we missed this when it aired, but it’s new to us, and maybe to you too!)

If the embedded video won’t work for you, click here.

• Bed bugs. Are. Not. Dust Mites.
• 48th Street between 3rd and Lex, last night
• Arctic Monkeys bitten by bed bugs
• bed bugs, news at 11

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Vornado-owned Hotel Pennsylvania has agreed to pay nearly $100,000, court records show, to a group of six tourists who claimed to have been bitten by bedbugs while staying at the old Seventh Avenue lodge.

You can read the rest here: Hotel Pennsylvania Settles Bedbug Suits for Nearly $100,000 | The New York Observer

• Winnipeg HoJo gets sued over bed bugs
• FAQ: Where can I read about bed bug lawsuits? Can you help me find a lawyer?
• Virginia Beach hotel sued over alleged bed bug attack
• Bitten by bed bugs: NYC Opera Soprano suing Hilton Suites in Phoenix

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In this installment, we learn that bed bugs are taking a significant toll on Brown’s self-identity and social life:

Despite my anger, even our bug-laden living situation is finally normalizing. This process started first as a change in identity: I now think of myself as ‘the guy with bedbugs.’ It’s how I introduce myself. Maybe it’s not the first thing I say, but it will come up in the first five minutes of a conversation. I am taking an acting class and in the first session I said “hey, I am Nick and I have bedbugs,” as if I was in some particularly gross AA session. When I hear someone mention bedbugs in a conversation at a table next to me, I feel obliged to chime in.

They’re also making home very disorganized and uncomfortable, no small problem for someone whose office is at home. Things are not where they used to be; instead, they’re in bags all over the place:

While I am tempted to reassemble my room and my office (which are the same place), I realize there is every chance that the bugs will be back again so I have stopped trying to create a livable space and now just settle for someplace with interior heating.

We also learn that Brown still has bed bugs, well past the 30-day window landlords are given to eliminate bed bugs, under local housing laws. It is not unusual for landlords to need more time, though. Turns out, there are other reasons to be angry at the landlord:

Day 39

Our landlord, we discovered today, knew this apartment had bugs. The previous tenants moved out because of the bedbugs. The whole building - minus our apartment - was sprayed for bedbugs in the months after we moved in. No one mentioned this to us.

Isn’t this illegal? As I commented on the paragraph above, on Nicholas Brown’s blog, this should be illegal. Landlords should not be able to rent out an apartment that is known to be infested with bed bugs, to an unsuspecting tenant. I have a suspicion, however, that it already violates the housing laws. If any NYC rental housing experts are reading this, perhaps they could clarify.

Moreover, if the entire building except one apartment was being treated, any experienced PCO and even the landlord should realize that this might drive even more bed bugs into this unit.

What strikes me most about Brown’s saga, through these six installments, is how very typical it is. We at bedbugger.com have heard it all many times. While I am horrified to hear Brown’s tale, I thank him for sharing it in such a public medium.

By doing so, he may just convey the mess that bed bugs create in one’s life, as well as how easy it is to get them, and how very difficult it is to get rid of them, to those not yet in the know. And that recognition, my friends, is the first step in getting everyone else to help us fight the problem.

• Brown student wants to provide free bed bug treatment to those who can’t pay
• landlords talking about bed bugs
• Brooklyn tenant not warned of bed bugs before moving in
• New York City: Who’s responsible for paying for bed bug treatment? Complicated, in some cases.

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UPPER WEST SIDE—It seems there is a little detail about the condo conversion at 30 Lincoln Plaza that may have been overlooked: “You failed to mention that the building is infested with bed bugs…the management has confirmed this and is handing out pamphlets and they have even had a bedbug sniffing dog in some apartments..who knew! I would think this situation is going to really boost sales on those $1,185,000 647 sq/ft one bedrooms.” Bedbug sniffing dogs?!? Excellent. [CurbedWire Inbox]

While it’s always surprising to find out another building has bed bugs, it’s a good thing that the building management is aware and is taking action. I hope they undertake aggressive treatment throughout. (Imagine, hypothetically, the legal activity that would ensue if some units were infested but did not identify the presence of pests, were not treated, and were sold infested.)

This item from Curbed.com reminds me that a lot of the interesting bed bug “news” in the last four days has been leaked via gossip blogs: legal gossip, real estate gossip, ivy league college gossip (although this one probably had another itchy culprit).

Unlike “real” news–which is covered in the newspapers, and on TV and radio–like the spread of MRSA drug-resistant staph bacteria, which tragically killed a 7th grader in Brooklyn, bed bugs aren’t yet confirmed to cause disease and death. They have been unofficially confirmed to cause distress, stress, anxiety, sleeping trouble–and in rare cases, allergic reactions so severe they can kill. But nothing compared with the threat of deadly MRSA. I saw an ABC news segment here in NYC Friday night–kids at the school that youngster attended, were carrying bottles of purell, and startled parents and teachers were looking on in amazement as they reported washing their hands after using the lavatory (ABC7 produced multiple clips in which the students admitted this was new behavior.) The segment also featured a poster on the door of the school, and though it was not shown close-up, I am pretty certain it warned that the school had been exposed to MRSA and that people had to take precautions not to catch it.

Since bed bugs aren’t on the same level of threat, the reasoning seems to go, we don’t need to actually warn people about bed bugs in specific locations. And so “bed bug reports” are confined to the realm of gossip blogs.

Yes, it is true that hotels, real estate developers and brokers, restaurants, theaters and other businesses that are reported to have bed bugs in the mainstream media, will face worried customers and may lose business. The hotel industry in NYC, in particular, will be hard hit. One can only assume Mayor Bloomberg chooses to avoid confronting and admitting the true number of infested homes and businesses in this city (which I first considered in this post), because it would scare off tourists, who contribute so much to the city, as well as negatively affecting real estate, and maybe even how people spend their leisure time (and money).

But it does not follow that if we do not discuss bed bugs, publicly, then they will go away. The opposite is true: as long as businesses are in denial, or putting up a bed-bug-free front, the problem will keep spreading at an alarming rate, and eventually, I believe, the hit on businesses will be greater.

• Maya Rudolph’s former loft (again): bedbugs ADD value!
• Bed Bug Helloise is shocked…
• The strange case of bed bugs in Bushwick
• Craigslist Clinton Hill apartment ad, “must tolerate bed bugs”

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Having heard nothing since then, I was glad to see that yesterday the New York Observer (in their 10/23 online and 10/29 print edition) re-told the bed bugs at Cadwalader story, that the Wall Street Journal’s WSJ.com law blog (housed in the same building as Cadwalader!) covered the Observer’s coverage. After all, the more people realize you can have bed bugs at work–even in very classy workplaces–the better.

The Observer’s David Lat also edits the online legal tabloid AbovetheLaw.com, where we picked up the original leaked-memo bed bug story. We missed this, but on October 3rd, Above the Law also covered a second report of bed bugs in the same offices, this time on the 20th floor:

It is believed that said bedbug infiltrated the premises through a delivery or box shipment. Perhaps it was hidden in a document production from opposing counsel?

While this is entirely possible, since bed bugs had previously been found in the same building, I would not be surprised if other locations in the building were infested. Maybe (gasp!) the blamed employee was fired for nothing. It is very difficult to locate blame for a bed bug infestation.

And remember, the original memo made this claim:

“A single treatment by an exterminator usually controls bed bugs and prevents reinfestation for several months.”

Perhaps one treatment was not enough.

In October, management was more careful to avoid the leaked-memo scenario:

Attorneys were notified of this breach in CWT’s bed bug security via email. We haven’t seen the email message, which we understand was protected against forwarding, printing, or copying.

Too bad. The first memo was fascinating.

• NYC office of Very Important International Law Firm has bed bugs
• Covington, Kentucky IRS building infested with bed bugs
• Harvard dorm treated for scabies–but what was it really? Also, bed bugs at Columbia?
• Another top NYC lawfirm gets bed bugs

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