Tenant Gets $2.435 Million for Lead Paint Exposure

In 1988, when tenant was 2 years old, medical tests showed she had been exposed to toxic levels of lead paint poisoning. In 2000, tenant sued landlord City of New York, claiming that it negligently maintained the building. Tenant claimed that the city knew a young child lived in the apartment but failed to remove the lead paint in a timely manner. Because the building was constructed before 1960, the city violated Local Law 1, which presumes that the paint in a building that old contains lead and requires landlord to remove peeling paint from any area occupied by a child younger than age 7. Tenant claimed that landlord should also have known about the lead paint hazard because another tenant had complained. Landlord claimed that it didn't know that a child lived in the apartment or that the apartment contained lead paint. Tenant's doctors testified that tenant suffered lasting impairment to her attentiveness, memory, and ability to learn as a result of the lead paint exposure. Tenant attended community college but was unable to earn a degree. She claimed that her impairment prevented her from pursuing further education. She worked as a waitress and claimed that she could have gotten better-paying work if she could have completed more education. The jury ruled for tenant and awarded her $2.435 million for future loss of earnings, and for past and future pain and suffering.

Newton v. City of New York, NYLJ, 12/29/08, p. 5, col. 1 (Sup. Ct. Bronx; Sherman, J)