Jennifer Notarmaso, Julian Notarmaso v. Aaron's Inc.
Published: Jul. 14, 2017 | Result Date: Oct. 5, 2016 | Filing Date: Jul. 13, 2017 |Case number: HG15767324 Verdict – Defense
Judge
Court
Alameda County Superior Court
Attorneys
Plaintiff
Brian J. Virag
(Mybedbuglawyer Inc.)
Defendant
Christine B. Reed
(Low, Ball & Lynch)
Facts
Jennifer Notarmaso and Julian Notarmaso sued defendant Aaron's Inc.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiffs argued that defendant failed to inspect its products before renting them to plaintiff. Plaintiffs argued that defendant's products were infested with hundreds of bedbugs and, as a result, plaintiffs suffered from bedbug bites and economic loss. Additionally, plaintiffs contended that they hired licensed pest control inspectors who each found bedbugs in their apartment.
Plaintiffs asserted causes of action for breach of contract, failure to inspect, and breach of warranty.
DEFENDANT'S CONTENTIONS: Defendant claimed plaintiffs had no evidence of bedbugs in the apartment and used an entomology expert to argue that if there had been one egg on the products they provided, there would have been thousands of bedbugs in plaintiff's apartment by April 30. Defendant argued that the date plaintiff reported finding bedbugs was on May 23, not April 30.
Settlement Discussions
Plaintiff offered $200,000 and defense countered with $4,500 to Notarmaso and $3,000 to Julian.
Damages
Plaintiff sought recovery for emotional distress in an unspecified amount.
Injuries
Plaintiffs claimed they suffered bites, irritation, scarring, and emotional distress.
Result
Verdict for defendant.
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