NORTH MYRTLE BEACH, SC (WBTW) – The rental agency and property owner being sued by a woman who claims she was exposed to nearly 200 bats at their property are asking for the case to be dismissed.
Lawyers representing Thomas Real Estate Incorporated and James Benson filed an answer to the initial complaint last Wednesday.
In it, lawyers for the real estate company say any damages were ‘a direct and proximate result of (the plaintiff’s) own comparative and contributory negligence.’
It continued by saying the woman didn’t ‘mitigate her damages as required by law,’ that her damages were the result of third parties and that her claims are barred by the Act of God defense.
The original lawsuit- which was filed Oct. 25 by Kennedy Neiderer- claims she was exposed to dead and dying bats that were possibly infected with rabies. This allegedly happened in June 2017 during a week-long stay at a North Myrtle Beach rental home.
The lawsuit claims exposure to dead bats presented the possibility of rabies and that Neiderer endured “numerous painful and disruptive rabies vaccinations,” costing the family large amounts in medical bills and procedures.
It also alleges a previous renter reported the bat infestation as ‘a colony exceeding 200 live bats’ to DHEC.
The full lawsuit can be read here.