STATE OF MICHIGAN

IN THE CIRCUIT COURT FOR THE COUNTY OF ALPENA

PATRICIA ROONEY, CHRISTIE LOCKHART, Case No. 23- -NO

DENISE SMITH, DIANE CRITES, JAMIE BOBOLTZ, Hon.
JANE SANDERSON, and CATHY BENNETT VLCEK,

Plaintiffs,
-vs-

DREW MICHAEL WIESCHOWSKI,

THOMAS MATTHEW STOREY, and
AIRBNB INC., a Delaware Corporation,

Defendants.
TYLER M. JOSEPH (P80934)
JONATHAN R. MARKO (P72450)
MARKO LAW, PLLC
Attorney for Plaintiff
220 West Congress Street, Fourth Floor
Detroit, MI 48226
P: (313) 777-7529 / F: (313) 771-5785
tyler@markolaw.com

There is no other civil action between these parties

arising out of the same transaction or occurrence as
alleged in this complaint, pending in this court, nor has
any such action been previously filed and dismissed or
transferred after having been assigned to a judge.
COMPLAINT

NOW COME Plaintiffs, PATRICIA ROONEY, CHRISTIE LOCKHART, DENISE

SMITH, DIANE CRITES, JAMIE BOBOLTZ, JANE SANDERSON, and CATHY BENNETT-

VLCEK, by and through their attorneys, MARKO LAW, in support of their Complaint against the

above-named Defendants, state as follows:

INTRODUCTION

l. That Plaintiff, PATRICIA ROONEY, has been at all times pertinent hereto, a resident

of the City of Mebane, County of Orange, State of North Carolina.

Page 1 of 12
 2. That Plaintiff, CHRISTIE LOCKHART, has been at all times pertinent hereto, a

resident of the City of Fayetteville, County of Cumberland, State of North Carolina.

3. That Plaintiff, DENISE SMITH, has been at all times pertinent hereto, a resident of

the City of Bridgman, County of Berrien, State of Michigan.

4. That Plaintiff, DIANE CRITES, has been at all times pertinent hereto, a resident of

the City of Alma, County of Gratiot, State of Michigan.

5. That Plaintiff, JAMIE BOBOLTZ, has been at all times pertinent hereto, a resident

of the City of Alpena, County of Alpena, State of Michigan.

6. That Plaintiff, JANE SANDERSON, has been at all times pertinent hereto, a resident

of the City of Oscoda, County of Oscoda, State of Michigan.

7. That Plaintiff, CATHY BENNETT-VLCEK, has been at all times pertinent hereto, a

resident of the City of Dexter, County of Washtenaw, State of Michigan.

8. That Defendant, DREW MICHAEL WIESCHOWSKI, upon information and belief,

is a resident of the City of Alpena, County of Alpena, State of Michigan.

9. That Defendant, THOMAS MATTHEW STOREY, upon information and belief is a

resident of the City of Alpena, County of Alpena, State of Michigan.

10. That Defendant, AIRBNB INC., is a Delaware Corporation conducting business in

the County of Alpena, State of Michigan.

11. That this cause of action arises from an incident which occurred on July 26 and July

27, 2023 at “Castle House,” located at 324 First Avenue in the City of Alpena, County of Alpena,

State of Michigan.

12. That prior to the date of the incident, Plaintiff, PATRICIA ROONEY, rented “Castle

House” via Defendant, AIRBNB, INC.’s online platform.

Page 2 of 12
 Welcome to the Castle House! This incredible historic home is the
former Collins Residence and is bursting with charm yet offers
modern conveniences like large smart TV's & electronic self check-in.
This 5 BR, 2.5 BA home is spacious & unique w/private parking & a
prime location- it's the perfect spot to make memories! ~1 block to
park w/ tennis, basketball, playground, & boat harbor! ~3 blocks to
downtown for drinks, dinner, coffee, & shops! (Please note 1
bathroom & laundry is in the basement)

Airbnb listing

13. Plaintiffs rented the home for their 50th class reunion from Alpena High School.

14. That upon information and belief, Defendant, DREW MICHAEL WIESCHOWSKI,

is the owner of the subject home located at 324 First Avenue in the City of Alpena.

15. That Plaintiffs corresponded with the listed “host” on AIRBNB, INC.’s online

platform, Defendant, THOMAS STOREY.

Photo from Airbnb listing

Page 3 of 12
 16. What the listing did not disclose was that the attic of the home was infested with a

colony of Michigan Brown Bats.

Ivan Kuzmin, Getty Images/iStockphoto

17. In the late evening hours of July 26, 2023, while the eight women were about to go to

sleep, the bats suddenly came alive and began entering the living quarters through base boards and

other narrow openings in the old home.

18. The women were jolted awake by screeching sounds to see dark figures moving up

and down the old lathe walls.

19. The bats eventually took flight, dive bombing the women as they lay in their beds.

20. The women scrambled to their feet in an attempt to get out of the home but found that

the stairwell was consumed with bats. They began pouring out of the attic into the bedrooms and hall

way.

Page 4 of 12
 21. In a panic and without any other option, they rushed back to their beds, cowered

underneath the sheets, and pulled the covers tight over their heads to protect themselves.

22. Throughout the night, screams could be heard from room to room as the bats would

fly into the beds and sheeting.

23. Some of the women had bats become entangled in their hair.

24. Some of the women sustained bat bites.

25. The women endured hours of this until dawn finally broke and the bats reentered the

attic.

26. An exterminator was called to the home and found inches upon inches of bat guano

caking the floor of the attic and bat urine running down the walls of the basement.

27. The exterminator estimated that this colony had been present in the attic for multiple

years.

28. As a result of the women’s close encounters with the bats, they all were instructed to

undergo a series of rabies vaccination injections.

DAMAGES

29. As a result of Plaintiffs’ encounters with the bats, they underwent medical treatment

and incurred bills associated with that treatment.

30. As a further result of these terrifying events, Plaintiffs have suffered mentally and

emotionally.

31. As a direct and proximate result of Defendants’ acts and/or omissions and/or the

acts and/or omissions of Defendants’ employees/agents, Plaintiffs suffered the following injuries

and damages including, but not limited to:

a. Physical pain and suffering;

Page 5 of 12
 b. Mental anguish;

c. Emotional distress;

d. Severe anxiety;

e. Fear and humiliation;

f. Embarrassment and discomfort;

g. Fright and shock;

h. Medical treatment;

i. Medical bills;

j. Attorney fees and costs; and

k. Any and all other damages to be revealed during the course of discovery and

litigation and allowed under Michigan law.

COUNT I
NEGLIGENCE, GROSS NEGLIGENCE
(As To All Defendants)

32. That Plaintiffs reallege the preceding paragraphs of Plaintiffs’ Complaint as though

fully set forth herein.

33. That on or about July 26 and 27, 2023, Plaintiffs were staying at the subject “Castle

House” located in Alpena, Michigan.

34. Upon information and belief, Defendant, DREW MICHAEL WIESCHOWSKI,

owned the subject property.

35. Upon information and belief, Defendant, THOMAS MATTHEW STOREY, was

responsible for the maintenance and renting of the subject property.

36. That Defendant, AIRBNB, INC., posted the subject property on its online platform

and the subject property was rented through Defendant’s platform.

Page 6 of 12
 37. That Defendants owed to Plaintiffs a duty to exercise ordinary care to protect them

from unreasonable risks of injury that were known or should have been known to Defendants.

38. That Defendants, WIESCHOWSKI and STOREY, owed to Plaintiffs a duty to

exercise reasonable care in the maintenance of the subject property.

39. That Defendant, AIRBNB INC, owed to Plaintiffs a duty to exercise ordinary care

and either knew or should have know that the subject property was infested with bats.

40. That Defendant, AIRBNB, INC, owed to Plaintiffs a duty to hire competent and

professional contractors/employees to ensure that properties that posed unreasonable risks of harm

were not being posted on its platform.

41. That Defendants were then and there guilty of one or more of the following acts and

omissions, in violation of their duties to Plaintiffs, to wit:

a. Defendants, WIESCHOWSKI and STOREY, failed to use reasonable care by

failing to remove bats from the subject property.

b. Defendants, WIESCHOWSKI and STOREY, failed to properly inspect the

subject premises to ensure that it was reasonably devoid of hazards.

c. Defendants, WIESCHOWSKI and STOREY, failed to warn Plaintiffs that there

was a colony of bats living in the attic that had access to the living quarters.

d. Defendant, AIRBNB, INC failed to remove the subject property’s listing on its
platform when it knew or should have known that it was not safe;

e. Defendant, AIRBNB, INC., negligently hired, trained, supervised, and retained its
employees.

f. Defendants failed to exercise reasonable and ordinary care to protect Plaintiffs

from injury;

g. Defendants, WIESCHOWSKI and STOREY, failed to hire competent contractors

and/or maintenance staff to exercise reasonable and ordinary care to maintain the
attic and property and protect Plaintiffs from injury;

h. Other acts of negligence that will be revealed through discovery.

Page 7 of 12
 42. That should it be determined that any one of Plaintiffs suffered from any pre-existing

relevant diseases or conditions, then such diseases or conditions were accelerated and/or exacerbated

by the incident complained of in this action.

43. That as a direct and proximate result of Defendants’ negligence, Plaintiffs, suffered

the aforementioned damages causing them to suffer otherwise unnecessary humiliation, fright, shock,

terror, physical pain and suffering, embarrassment, humiliation, loss of enjoyment of life, and loss of

earning capacity, as well as any other damages allowable by law.

WHEREFORE, Plaintiffs, respectfully requests an award of damages in whatever amount in

judgment against Defendants in such amount in excess of This Honorable Court’s jurisdictional

requirement to which the Plaintiffs may be found entitled, together with interest, costs and attorney

fees.

COUNT II
PREMISES LIABILITY
(As To Defendants, Wieschowski and Storey)

44. That Plaintiffs reallege the preceding paragraphs of Plaintiffs’ Complaint as

though fully set forth herein.

45. That on or about July 26 and 27, 2023, Plaintiffs were lawfully on the subject

premises as invitees.

46. That the above identified premises was owned, controlled, and/or possessed by

Defendants, WIESCHOWSKI and STOREY, and Plaintiffs were present on the premises with

Defendants’ express and/or implied permission, bestowing a benefit upon the owner.

47. That Defendants, WIESCHOWSKI and STOREY, owed a duty to Plaintiffs to

maintain the premises in a reasonably safe condition.

Page 8 of 12
 48. That Defendants, WIESCHOWSKI and STOREY, owed a duty to Plaintiffs, to

inspect and be aware of all dangerous conditions in the home that involved an unreasonable risk

of harm to others.

49. That Defendants, WIESCHOWSKI and STOREY, owed a duty to Plaintiffs, to

inspect for dangerous conditions on the premises that would not be discovered by others.

50. That Defendants, WIESCHOWSKI and STOREY, owed a duty to Plaintiffs to

exercise reasonable care to make all known, unknown, and latent dangerous conditions on the

premises safe for others.

51. That Defendants, WIESCHOWSKI and STOREY, owed a duty to Plaintiffs to warn

of all dangerous conditions on the premises and the risks involved therewith.

52. That Defendants, WIESCHOWSKI and STOREY, knew or should have known of

the dangerous condition existing on the premises, to wit: a bat infestation.

53. That Defendants, WIESCHOWSKI and STOREY, were then and there guilty of one

or more of the following acts and omissions, in violation of the duties to Plaintiffs, to wit:

a. Defendants, WIESCHOWSKI and STOREY, failed to

properly maintain the premises in a reasonably safe
condition;

b. Defendants, WIESCHOWSKI and STOREY, failed to

inspect and discover the dangerous conditions existing on
the premises;

c. Defendants, WIESCHOWSKI and STOREY, failed to

realize the unreasonable risk of harm created by the
dangerous conditions existing on the premises;

d. Defendants, WIESCHOWSKI and STOREY, failed to

anticipate that Plaintiffs would not discover or realize the
latent and dangerous conditions existing on the premises;

Page 9 of 12
 e. Defendants, WIESCHOWSKI and STOREY, failed to
exercise reasonable care to correct and make safe the
unreasonably dangerous conditions existing on the premises;

f. Defendants, WIESCHOWSKI and STOREY, failed to give

adequate notice or warning to Plaintiffs of the dangerous
conditions existing on the premises;

g. Defendants, WIESCHOWSKI and STOREY, failed to

properly maintain the premises in a manner that provided for
the reasonable safety individuals lawfully on the premises;

h. Defendants, WIESCHOWSKI and STOREY, failed to have

the subject home properly inspected prior to renting it out;

i. Other acts of negligence that may be discovered through the

course of discovery.

54. That as a direct and proximate result of Defendants’, WIESCHOWSKI and

STOREY, herein described negligence, Plaintiffs suffered damages as set out above.

55. That as a proximate result of Defendants’, WIESCHOWSKI and STOREY, herein

described negligence, Plaintiffs, suffered damages, including but not limited to pain and suffering,

shock, fright, terror, mental anguish, embarrassment, loss of enjoyment of life, and medical

expenses.

WHEREFORE, Plaintiffs respectfully requests an award of damages in whatever amount in

judgment against Defendants in such amount in excess of This Honorable Court’s jurisdictional

requirement to which the Plaintiffs may be found entitled, together with interest, costs and attorney

fees.

COUNT III
BREACH OF IMPLIED WARRANTY
(As To All Defendants)

56. That Plaintiffs reallege the preceding paragraphs of Plaintiffs’ Complaint as though

fully set forth herein.

Page 10 of 12
 57. On July 26 and 27, 2023, Plaintiffs were renting Defendants’ premises.

58. As part of the services and accommodations provided by Defendants, Defendants

impliedly warranted that the home was suitable for use and habitable and that there were no

unreasonable hazards present that Defendants knew or should have known about.

59. As Defendants’ tenants, Defendants warranted to Plaintiffs that the premises was safe

and habitable under MCL 554.139.

60. Defendants failed to maintain the premises in a safe and habitable condition:

Defendants breached their warranty to maintain the premises and all common areas in a condition

which was fit for its intended use and in reasonable repair.

61. Defendants breached this warranty when they failed to keep the premises, fit for its

intended use by Plaintiffs and in reasonable repair during the rental term and failed to comply with

the health and safety laws of the State of Michigan, the City of Alpena, and the County of Alpena.

62. Defendants’ breach of warranty and habitability under MCL 554.139 is the direct and

proximate result of Plaintiffs damages.

WHEREFORE, Plaintiffs respectfully requests an award of damages in whatever amount in

judgment against Defendants in such amount in excess of This Honorable Court’s jurisdictional

requirement to which the Plaintiffs may be found entitled, together with interest, costs and attorney

fees.

COUNT IV
BREACH OF CONTRACT
(As To All Defendants)

63. That Plaintiffs reallege the preceding paragraphs of Plaintiffs’ Complaint as though

fully set forth herein.

Page 11 of 12
 64. before July 26 and 27, 2023, Plaintiffs entered into a short term lease agreement

with Defendants. Plaintiffs agreed to pay a sum to Defendants, and Defendants agreed to maintain

the premises in reasonable repair and to make prompt, necessary repairs.

65. That Plaintiffs paid this amount, but the Defendants failed to maintain the premises

in reasonable repair; therefore, Defendants breached its agreement with Plaintiff.

WHEREFORE, Plaintiffs, respectfully requests an award of damages in whatever amount in

judgment against Defendants in such amount in excess of This Honorable Court’s jurisdictional

requirement to which the Plaintiffs may be found entitled, together with interest, costs and attorney

fees.

Respectfully submitted,

/s/ Tyler M. Joseph

Tyler M. Joseph (P80934)
MARKO LAW, PLLC
1300 Broadway Street, Fifth Floor
Detroit, MI 48226
(313) 777-7529 / Fax: (313) 777-5785
Email: tyler@markolaw.com
Date: October 30, 2023

Page 12 of 12