Award of $717,000 for Lead Poisoning Upheld

Facts: Tenant sued landlord for damages after the Health Department determined that her child suffered from lead poisoning and that their apartment contained lead-based paint. After a trial, the jury ruled for tenant and awarded her $717,000. The award was broken down as $500,000 for past pain and suffering, $165,000 for future pain and suffering, $20,000 for future educational costs, and $32,000 for future counseling. Landlord asked the court to set aside the jury verdict, claiming it was excessive and wasn't supported by the evidence. Court: Landlord loses. There was sufficient proof supporting the jury's finding. Tenant submitted written complaints about chipping and peeling paint that she'd sent to landlord. Landlord's expert witnesses claimed that the Health Department hadn't make certain required tests to determine whether lead paint in the apartment reached hazardous levels. But the Health Department claimed it had made sufficient tests. The jury was entitled to believe whichever witnesses it found more credible. Given the proof presented at the trial, the jury could reasonably have concluded that landlord was negligent. The jury award also was reasonable under the circumstances. Tenant's child was shown to suffer from hyperactivity, attention deficit disorder, problems with language, and loss of mental functioning; and lead poisoning was found to be a substantial cause of these conditions.

Castillo v. NYCHA: NYLJ, p. 26, col. 6 (3/10/98) (Sup. Ct. Bronx; Giamboi, J)