LPK Lead Paint Lawyer Obtains $8.5 Million Verdict On Behalf of Bronx, New York Teenager

On June 20, 2008, LPK Attorney Daniel J. Woodard obtained a verdict totaling $8,500,000.00 in a case entitled Andrew Matias, an infant by his mother and natural guardian Leticia Palma v. WDJ Realty Corp., et al, Index Number 14793/04 in Supreme Court, Bronx County. The child was 15 years old at the time of trial and 7 years old when he was first lead poisoned.

For a period of approximately two years, while residing and spending substantial amounts of time in two separate Bronx County apartment buildings, the child was exposed to peeling lead based paint and lead based paint dust. The child lived in one apartment with his mother and baby sister. The other apartment, which was in the building across the street, was his aunt's apartment. Both apartments were found to have lead paint hazards by the New York City Department of Health. The jury concluded that the corporate owners were negligent in failing to maintain the apartments in accordance with the Laws of the State and City of New York. The owners of the buildings had been aware of a lead paint hazard in the buildings because they knew that the child and his younger sister had been living and spending substantial amounts of time in both apartments. The owners and their employees had been in the apartments on numerous occasions during the two year period the child was exposed to the poisonous lead paint dust and had observed the child and his baby sister in both apartments. During this same time period the child's mother and his aunt had complained about and the owners had observed the peeling paint condition in the apartments.

The jury found that the child's lead poisoning caused his cognitive, attentional, learning, memory and behavioral deficits. As a result of his lead poisoning which caused his brain damage the child failed the third grade, had been evaluated and classified as learning disabled by his school and has been receiving special education services since the third grade. The child has had failing grades in all of his major academic subjects through the 8th grade, despite receiving special education services. Prior to the poisoning the child's grades in kindergarten and first grade were more than satisfactory.

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