Injuries: Lead Poisoning
Facts and Claim of Liability:
In 1987, infant plaintiff’s family moved into the first subject premises in the Bronx. Less than a year later, on January 20, 1988, infant plaintiff was born at Lincoln Medical Center.
About four years later, in May of 1991, infant plaintiff’s family moved to the second subject premises in Manhattan. Plaintiff mother recalls noticing that “repairs were needed” because there was peeling paint on the walls in the kitchen. Plaintiff mother also recalls telling the building superintendent about the peeling paint.
On October 4, 1991, plaintiff mother took infant plaintiff to a routine checkup at Boriken Neighborhood Health Center. Infant plaintiff was diagnosed with an elevated blood-lead level (“PbB”) of 26 ug/dL. Subsequent PbBs were recorded as 24 ug/dL on October 21, 1991; and 28 ug/dL on December 6, 1991.
On October 17, 1991, the New York State Department of Health came to inspect the subject premises. X-ray fluorescence sampling revealed 22 lead-positive surfaces from 22 samples taken from the second subject premises.
On April 1, 1992, infant plaintiff’s family moved to the third subject premises in the Bronx.
Plaintiff mother took infant plaintiff to a checkup at Union Community Health Center, and infant plaintiff was diagnosed with a blood-lead lead level of 6 ug/dL.
On September 9, 1993, X-ray fluorescence sampling revealed 17 lead-positive surfaces from 26 samples taken from the third subject premises.
Fitzgerald & Fitzgerald filed suit in Bronx County Supreme Court, arguing that defendant owners of the first, second, and third subject premises, respectively, were careless, negligent, and reckless in the ownership, operation, management, maintenance, repair, care, and control of subject premises in allowing and permitting a dangerous and hazardous condition to be, remain, and exist; and in failing to make a timely repair and abatement of the lead-based paint hazard in the subject premises upon learning that children under the age of six were living in the subject premises; and that these failures resulted in serious and permanent injuries to infant plaintiff. Ultimately, Fitzgerald & Fitzgerald settled with the first and third defendants for a total of $500,000.00. Fitzgerald & Fitzgerald continues to pursue the claim against the second defendant.