NORTH MYRTLE BEACH, S.C. (WMBF) – A rental agency being sued by a woman who claims she was exposed to dead and dying bats has asked the case to be dismissed.
Lawyers for Thomas Real Estate, Incorporated, and property owner James H. Benson, Sr. responded to the allegations in a court filing on Nov. 27.
In the filing, the lawyers are asking for the suit to be dismissed, saying any damage suffered by plaintiff Kennedy Neiderer is a “direct and proximate result of her own comparative and contributory negligence.”
The filing also states Neiderer failed to mitigate her damages as required by law, and her claims are barred by the “Act of God Defense.”
Neiderer claims the defendants knew about the “dangerous conditions” at the property, since a prior renter reported to the South Carolina Department of Health and Environmental Control that a colony of more than 200 live bats were living in the home, the suit states.
Neiderer is seeking an unspecified amount of damages.