In a recent legal filing, Melissa Dasilvio has lodged a negligence and breach of contract complaint against ABK Mehta, LLC, operating as Tru by Hilton Webster Houston NASA. The complaint was filed on May 23, 2024, in the District Court of Harris County, Texas.
According to the court documents, Dasilvio checked into the Tru by Hilton Webster Houston NASA on September 9, 2022. Shortly after her arrival, she began experiencing discomfort and discovered bedbugs crawling on her bedding. Despite notifying hotel staff immediately, her complaints were allegedly disregarded. Dasilvio asserts that had she been informed about the bedbug infestation beforehand, she would not have rented the room.
The plaintiff accuses ABK Mehta, LLC of several acts of negligence including failing to maintain a safe environment, neglecting to inspect and clean the property adequately before renting it out, and not disclosing prior bedbug activity or treating the infestation properly. "Each of these acts and omissions constituted negligence that proximately caused the occurrence made the basis of this action and Plaintiff’s injuries and damages," states the petition.
Furthermore, Dasilvio claims that ABK Mehta violated the Texas Deceptive Trade Practices Act (DTPA) by engaging in false and misleading practices related to their transaction. She argues that as a consumer under DTPA who acquired goods by lease—specifically real property—the defendant's actions qualify for legal scrutiny under this statute. The plaintiff also alleges breach of contract since she paid for accommodations expecting them to be habitable and free from infestations.
Dasilvio is seeking various forms of relief from the court including actual damages within jurisdictional limits for past and future medical expenses, pain and suffering, mental anguish, physical impairment, disfigurement; exemplary damages; treble damages under DTPA; pre-judgment and post-judgment interest; attorney’s fees; costs of court; and any other relief deemed appropriate by law or equity.
Representing Melissa Dasilvio is attorney Daniel V. “Tad” Rice from The Rice Firm. The case has been assigned Case ID 2024-32694 in the 152nd Judicial District Court with Judge Egypt Young presiding.