Janitorial Service Companies Not Liable

September 30, 2003

LVT Number: 16846

Tenant's parents sued landlord City of New York and building janitorial service companies for injuries resulting from a child's swallowing lead paint. The court ruled for tenants after a jury trial, finding the janitorial service companies to be 70 percent at fault and HPD to be 30 percent at fault. The jury award was $6,500,000 for past pain and suffering, $12 million for future pain and suffering, $3,500,000 for fu- ture lost earnings, and $24 million for future home attendant expenses. The janitorial service companies appealed.

Tenant's parents sued landlord City of New York and building janitorial service companies for injuries resulting from a child's swallowing lead paint. The court ruled for tenants after a jury trial, finding the janitorial service companies to be 70 percent at fault and HPD to be 30 percent at fault. The jury award was $6,500,000 for past pain and suffering, $12 million for future pain and suffering, $3,500,000 for fu- ture lost earnings, and $24 million for future home attendant expenses. The janitorial service companies appealed. The janitorial service companies didn't have an agreement with HPD to provide comprehensive building services. It was HPD's responsibility to make sure the apartment was lead-free. The case against the janitorial service companies was dismissed.

Perkins v. Cosmopolitan Care Corp.: NYLJ, 9/12/03, p. 24, col. 4 (App. Div. 2 Dept.; Florio, JP, Miller, Adams, Mastro, JJ)

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