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Torts Keyed to Dobbs
Mathias v. Accor Economy Lodging, Inc.
Citation:
347 F.3d 672 (7th Cir. 2003)Facts
The Plaintiffs, Mathias, were a brother and sister who were guests at a motel owned by the Defendant, Accor Economy Lodging, Inc. While staying at the motel, the Plaintiffs were bitten by bedbugs. Evidence showed that the Defendant knew of the infestation and could have fixed the problem for $500, but refused. Each year the bedbug problem grew. The infestation continued and reached ridiculous proportions. At one point, a guest, after complaining of being repeatedly bitten by inspects while sleeping in his room, was moved to another room only to find bedbugs there. In less than twenty minutes of being moved to a third room, he discovered bedbugs in that room as well.
The Defendant’s desk clerks were instructed to call the bedbugs ticks on the theory that the guests would be less alarmed. Rooms that the motel had marked as “do not rent, bugs in room” were still rented out.
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Topic Resources
Topic Outline
DamagesTopic Refresher Course
Negligence: Joint Tortfeasors, Identification and Contribution