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ARTICLE ID 194339

$________ – Landlord Negligence – Lead Paint – Lead Exposure – Lead Poisoning – Apartment in two-family home has chipped and peeling paint containing excessive amount of lead – Exposure is substantial factor in diminished IQ and poor academic performance – Cognitive deficits.

Erie County, NY

This case involved a plaintiff, age 1 1/2 at the time of exposure in the apartment in the two-family home that was owned by the defendant landlord, and age 24 years old at trial. The plaintiff contended that they advised the defendant of areas of chipped, peeling, and cracked paint when they had a walk-through before renting the premises, and that the defendant took no action to protect the occupants. The plaintiff maintained that the lead levels in the paint exceeded that which was allowed under the NYS Public Health Law, and the Erie County Sanitation Code. The plaintiff contended that when diagnosed, the child had 27 /mcg/dl, which declined to 17 mcg/dl within two months of the diagnosis, and that the exposure was a substantial factor in the child’s low IQ of 74. The evidence also disclosed that the child did not graduate high school. The defendant denied notice of any peeling, chipping, or cracked paint. The mother indicated on cross examination that she observed the child eating dirt, and the defendant supported that lead could well have been introduced in this manner. The defendant also maintained that the child was probably exposed before moving into the premises at age 1 1/2. The plaintiff demanded $________. The jury found for the plaintiff, and awarded $________.

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