F&F # 96166A
TENANT CLAIMED THAT LANDLORD DIDN’T REMOVE LEAD-BASED PAINT
Jury Verdict: $385,000
- Cognitive Deficits
- Deficits in visual attention and problem solving
- Difficulties in school subjects that involve use of these cognitive domains
- Psychosomatic and aggressive tendencies
- Attention and planning problems
Facts and Claim of Liability: Infant Plaintiff lived in an apartment (subject apartment) at 88th Avenue, Queens, New York (subject building) from his birth until he was two years old.
During this period, peeling paint, mold and leaks were noticed in the bedrooms, living room and bathroom of the infant’s apartment. On several occasions, infant Plaintiff’s mother complained to the Landlord and its management agent (the “Defendants”) about the deteriorating paint conditions in the subject apartment. However no action was taken by the Defendants. According to the inspection conducted by Department of Health, of 64 samples collected from the subject building, 42 were tested positive for lead paint. Consequently, an Order to Abate Nuisance was issued to the Defendants.
As a result of infant Plaintiff’s exposure to lead toxicity during his tenancy in the subject apartment, at 7 months of age, infant plaintiff was tested to have an elevated blood lead level of 11 ug/dL. At 10 months of age, infant plaintiff was diagnosed with lead poisoning. Subsequent tests revealed a blood lead level of 23 ug/dL.
The Fitzgerald Law Firm successfully argued that the Defendants negligently and knowingly failed to abate and eliminate lead-based paint hazards in the subject apartment. The Fitzgerald Law Firm further contended that as a direct result of Defendant’s failure, the infant Plaintiff suffered cognitive impairments caused by brain damage due to lead exposure.