Written by Ronemus & Vilensky on April 3, 2017
Ronemus & Vilensky wins a settlement in a Lead Poisoning Case in March 2017!
The case is Reyes v. 56 Stagg Realty Corp, Index # 6361/13, in front of Justice Donald Kurtz. The case settled in our favor on March 3, 2017 for $175,000.
The child, Ashlym Reyes, was born in 2008, and lived with her mother in Brooklyn in an apartment located at 56 Stagg Street. While living there, the walls within the apartment started to peel and chip. The infant plaintiff put these paint chips in her mouth, and during a routine visit to the doctor, a lead test was performed, which indicated a lead level of 22Pb.
The Department of Health was notified and conducted an inspection of the premises. The inspection found lead in the walls in violation of code and issued violations to the landlord to rectify the situation.
A case was brought against the landlord for allowing the walls in the apartment to be more than allowable lead content and in not inspecting and fixing the walls prior to the child’s ingestion of lead paint chips.
Plaintiff alleged that the child became hyperactive and lost some IQ points as a result of the lead ingestion. The defendants contended that the lead ingestion was temporary and could not and did not cause any lasting effects.
Initially, the landlord’s insurance company offered the sum of $15,000.00 to resolve the case. This was rejected, and the case could go to trial, further negotiations ensued resulting in an offer of $175,000.00, which was accepted.