Bob’s Discount Furniture Gets Bitten by Bedbug Ruling
Bob’s Discount Furniture could be on the hook for allegedly selling a bedbug-infested bedroom set.
A customer brought suit against the retailer after an exterminator found bedbugs harboring in the frame of the customer’s daughter’s bed.
A federal judge ruled in favor of Bob’s, but the 1st U.S. Circuit Court of Appeals ordered a remand, finding that the judge had erred by preventing the exterminator from testifying as an expert witness.
“This opinion evidence, coupled with evidence that the defendant had no written policy regarding the prevention of bedbugs and that it used the same trucks for both delivering new furniture and retrieving used furniture, is sufficient to support a conclusion that the defendant delivered bedbugs along with the bedroom set,” Judge Bruce M. Selya wrote for the 1st Circuit.
The 21-page decision is Downey, et al. v. Bob’s Discount Furniture Holdings, Inc., Lawyers Weekly No. 01-010-11.
SOURCE = The Docket (Massachusetts Lawyers Weekly)