Tenants Awarded $800,000 in Lead Poisoning Case

Tenant sued landlords on behalf of her two daughters. She claimed that they were injured by exposure to lead-based paint in two apartments where the family had lived. Tenant claimed that both landlords knew of the lead paint dangers and knew that children lived in the apartments, but did nothing to correct the conditions. After a trial, the jury awarded the girls no damages for past pain and suffering, but awarded $800,000 for future pain and suffering. Although landlord had argued that there was no proof of any health impairments to the children to date, tenant's expert medical witness had testified that she expected that at some point the girls would show major learning disabilities. Landlords then asked the court to set aside the verdict, claiming that it was inconsistent. But the judge ruled against landlords, finding that the doctor's testimony supported the finding that the girls would suffer in the future as a result of the lead poisoning.

Solis-Vicuna v. Notias: NYLJ, 7/3/08, p. 29, col. 1 (Sup. Ct. Kings; Saitta, J)