Page 13 - Verdicts and Settlements Hall of Fame: Premises Liability

#8
Case: Pelaez v. Seide
Attorney: Nancy F. Sachs, Westport, CT Date: May 23, 2014
Verdict: $8,740,000
Lead-based paint poisoned sons, mother claimed
In November 1994, 9-month-old twin boys Christopher Reyes Pelaez and Servando Reyes Pelaez, and their mother, Maria Nancy Pelaez, became residents of a house at 19 Center St., in Brewster, Putnam County.
In March 1995, a test revealed that both Christopher’s and Ser- vando’s blood contained toxic concentrations of lead, at 24 mcg/dL and 20 mcg/dL respectively, signi cantly more than the generally accepted threshold of 10 mcg/dL. The tests’ results were conveyed to the Putnam County Department of Health, and a resultant inspec- tion revealed that chipping, peeling lead-based paint was present in each of the house’s rooms. Immediate abatement was ordered.
During the ensuing six months, the Putnam County Department of Health performed additional inspections of the premises. Inspectors opined that the premises’ hazard had not been abated.
Christopher & Servando were tested again on October 12, 1995, with blood lead levels at 50 mcg/dL and 70 mcg/dL respectively. The U.S. Centers for Disease Control and Prevention has stated that lethal effects may occur when levels reach 80 mcg/dL. Both boys were hospitalized, and underwent the administration of chelating agents. In November 1995, Maria Pelaez and her sons abandoned the premises.
Maria Pelaez, acting as the parent and natural guardian of Chris- topher and Servando, sued the premises’ caretaker, Peter Glass; the premises’ owners, Gary Seide and Laura Seide; the Putnam County Department of Health; and Putnam County. Pelaez alleged that Glass, Gary Seide and Laura Seide were negligent in their maintenance of the premises, that their negligence created a dan- gerous condition that injured Christopher and Servando, and that the remaining defendants negligently failed to ensure remediation of the dangerous condition.
Justice S. Barrett Hickman severed the claim against Glass, who had defaulted. Putnam County and the Putnam County Department of Health were dismissed via summary judgment. The matter pro- ceeded to a bench trial against Gary and Laura Seide.
The premises’ paint had been peeling since 1990 and defendants did not abate the peeling paint hazard. The county speci ed that abatement was to be performed by a licensed rm, but Glass did it, and subsequent inspection determined that his efforts worsened the toxic exposure.
The Seides claimed they had previously ceded control and owner- ship of the premises to Glass. However, Glass failed to make payments required by the sale’s contract, and the Seides paid all subsequent installments of the premises’ mortgage, taxes, and insurance. The Seides also signed documents that stated that they were the premises’ owners.
Plaintiffs’ counsel claimed that both Christopher and Servando, aged 20, suffer permanent residual brain damage. Neither brother could not fully develop expressive language, or control their emotions. They suffer memory impairment, cognitive de cits, anxiety and depression.
Christopher possesses an IQ of 90, completed secondary school, but he did not attend college. A part-time janitor, he experiences a resultant limitation of his career, and claims to need additional treatment. Servando’s communicative skills approximate those of a 6-year-old child, and cannot dress himself, use a toilet unassisted, or perform most tasks of personal care. Plaintiffs’ counsel claimed that Servando suffers antisocial personality disorder, attention de cit hyperactivity disorder, oppositional de ant disorder, and impairment of his memory. He is not employable and requires additional treatment.
Servando’s mother sought recovery for her boys’ future medical expenses, past and future lost earnings, and pain and suffering. She also sought punitive damages.
The defense’s expert neurologist opined that the boys were not permanently harmed, and that physical damage cannot occur at blood lead levels less than 100 mcg/dL. Defense counsel also contended that Servando’s limitations stem from conditions that date to his birth.
Justice Lewis Lubell found that Gary Seide and Laura Seide were liable for the plaintiffs’ injuries. He determined that the plaintiffs’ damages totaled $8.74 million.
September 2016 11