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ARTICLE ID 195596

$________ – Premises Liability – Hazardous premises – Lead poisoning – Apartment owners sued after child poisoned by lead paint.

Essex County Superior Court

This case involved a 12-year-old New Jersey boy who was poisoned by lead paint in the early childhood. The suit was resolved by an Essex County jury.

Between the ages of two and five, the minor, D.R., resided in residence apartments owned separately by defendants, Muktar C. and Joseph and Calista I. At those apartments, D.R. was exposed to and ingested lead paint chips from peeling and chipping paint in the apartments, as well as lead dust. As a result of the child’s lead poisoning, the child suffered permanent cognitive impairment.

The family of the child filed suit in the Superior Court of Essex County, naming as defendants the owners of the two apartments, as well as Muktar C’s agent, Gregory W. The defendants were accused of negligence in the ownership, operation, maintenance, repair, and control of the property. The plaintiff sought damages for loss of past and future earnings, as well as past and future pain and suffering.

At trial, plaintiff showed that the child has an IQ of 81, and will never be able to perform 12th grade work. They also testified that had he not been lead poisoned, he would have been able to obtain an advanced degree after graduating from high school.After three weeks of trial, the jury delberated for nearly six hours before returning a finding for the plaintiff. The jury awarded $________.

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