North Myrtle Beach rental property allegedly infested with bats asks for suit’s dismissal
A rental company being sued by a woman who says she encountered a colony of dead and dying bats while staying at one of its properties has denied all allegations.
Lawyers for Thomas Real Estate, Incorporated, and property owner James H. Benson Sr. wrote in a response to the suit that any damage suffered by the woman suing — Kennedy Neiderer of Horry County — was due to her own negligence. Attorneys said Neiderer failed to mitigate her damages as required by law and did not show the defendants sufficient proof to support the allegations.
The suit’s answer, filed Nov. 27, also states that any damages to the plaintiff are the result of the negligence of third parties not associated with the defendants, and contended that Neiderer’s claims were barred by the “Act of God Defense.”
Neiderer contends in the lawsuit, filed Oct. 25, that she came in contact with more than 200 bats — some of which were dead — during a weeklong stay at a North Myrtle Beach house located at 205 12th Ave. N. in June 2017. She alleges there were numerous dead and dying bats — some that were possibly infected with rabies — in the entryway beside the living room where she was sleeping.
The defendants, the lawsuit states, knew about the colony of more than 200 live bats because previous renters had reported the bat infestation to the South Carolina Department of Health and Environmental Control.
The lawsuit states Neiderer had to undergo “numerous painful and disruptive rabies vaccinations.”
Attorney’s for Thomas Real Estate and Benson denied all allegations and has asked the court to dismiss the case.
Staff writer Hannah Strong contributed to this report.
