HOUSTON - It's been five months since it was sued for wrongful death, and Airbnb says it still hasn't been served with the complaint.
The rental-property company on Feb. 27 filed a motion to dismiss a lawsuit brought on behalf of the Estate of Almarn Downes, a Londoner who was shot and killed on May 27 in an attempted burglary.
Though the suit seeks more than $10 million, Airbnb says it has been left in the dark ever since the case was first filed Oct. 1 in Harris County District Court. Airbnb removed the case to Houston federal court shortly after.
"More than 149 days have elapsed since Plaintiff filed the Original Petition and more than 141 days have elapsed since removal, but Plaintiff has not served the Airbnb defendants," Airbnb says.
Downes came to Houston for a vacation and to explore relocation possibilities, but he was shot and killed in an attempted burglary. He was 27 years old when he rented a property through Airbnb on Bremond St.
Detective Sergeant Michael Arrington noted a lack of security measures, the suit says. There were 25 people at the property, which is located in a high-crime area, the suit says.
The suit pins the blame on Airbnb and the owner of the property for failure to install security cameras, provide adequate lighting and install a secure fence.
"Defendants' actions and omissions demonstrate a conscious disregard for the safety of guests," the suit says. "The lack of adequate security in a known high-crime area, combined with defective safety measures, constitutes gross negligence."
Plaintiffs lawyer Osayuki Ogbeide, of Unitat LLC, is now himself accused of negligence in serving the complaint. Airbnb says a federal court can't exercise jurisdiction over a defendant until a service of summons has been satisfied, which must be done within 90 days of the filing of the complaint.
A 2012 ruling by the Fifth Circuit empowers judges to dismiss cases without prejudice for failing to comply with this rule, the company says.
"There is no good cause justifying Plaintiff's failure to comply with this fundamental requirement to serve the parties she is suing," Airbnb says. "Plaintiff identified how the Airbnb defendants may be served in the original petition, but has since taken no steps to effectuate service."
Airbnb is represented by John Anaipakos of O'Melveny & Myers in Houston. He says neither his client's removal of the case to federal court nor the filing of an amended complaint restarted the clock for service.