Page 8 - Verdicts and Settlements Hall of Fame: Premises Liability

#3
PREMISES LIABILITY
VERDICT & SETTLEMENTS
HALL OF FAME
Case: Ferguson v. GreenPoint Financial Corp.
Attorney: omas P. Giu ra & Jeremy A. Hellman
Firm: Rheingold, Valet, Rheingold, McCartney & Giu ra LLP, New York, NY Date: July 18, 2013
Verdict: $11,000,000
Apartment’s manager ignored lead-based paint, suit alleged
In June 1995, plaintiff Lameek James, a 1-year-old boy, resided in a Brooklyn apartment that became the subject of a foreclo- sure. The apartment was located at 1409 Lincoln Place, in the Weeksville section of Brooklyn. The foreclosure followed a test that revealed that Lameek’s blood contained a toxic level of lead. The lead’s concentration measured 14.1 micrograms per deciliter. Such a concentration is significantly greater than the generally accepted threshold of 10 mcg/dL. Lameek’s mother, Lynisha Ferguson, claimed that Lameek’s condition was a result of exposure to lead-based paint that was present in the apartment.
Ferguson claimed that Lameek was poisoned by exposure to lead-based paint, that he suffers resultant damage of his brain, and that the damage impaired his learning process and other elements of his cognition.
Lameek’s education was delivered via specialized classes, but he did not demonstrate good progress. He repeatedly failed to graduate, and he was frequently bullied. After hav- ing completed a 10th-grade special-education program, he permanently abandoned school. Plaintiffs’ counsel contended that Lameek’s failure will limit his vocational opportuni- ties. He also contended that Lameek will require extensive medical aid and services.
When the foreclosure was completed, the premises’ owner- ship was transferred to Austin, Texas-based OCI Mortgage Corp., which promptly pursued a sale
of the property. That process
involved OCI Mortgage’s reten-
tion of a Brooklyn-based realtor,
H.P. Green eld Real Estate Ltd.
OCI Mortgage and H.P. Green-
eld Real Estate memorialized
an agreement that speci ed that
H.P. Green eld Real Estate main-
tained exclusive control of the
premises. Ferguson claimed that
neither company addressed the
premises’ lead-based paint. After
eight months had passed, she and Lameek found a new residence.
Plaintiffs’ counsel ultimately discontinued the claims against GreenPoint Financial and the now-insolvent OCI Mortgage. The matter proceeded to a trial against H.P. Greenfield Real Estate.
Plaintiffs’ counsel noted that the building’s construction pre- dated 1960, and he argued that the defendants violated New York City Local Law 1, which specifies that any such building’s landlord must presume that the building’s paint contains lead. The law further specifies that any such peeling paint must be removed from any area that is inhabited by children that have not reached the age of 7. He contended that the defendants knew that the premises were occupied by an infant.
Ferguson sought recovery of Lameek’s future medical expenses, future lost earnings, and damages for Lameek’s past and future pain and suffering. She also sought recovery of damages for loss of services.
Defense counsel contended that Lameek’s brain could not have been damaged by the amount of lead that his blood contained. They noted that
Lameek’s IQ greatly decreased after Lameek had reached the age of 10, and they argued that the decrease could not be attributed to his exposure to lead-based paint. They also contended that any poisoning predated the defendants’ pos- session of Ferguson’s apartment.
The defense’s expert economist opined that Lameek’s eco- nomic damages would approximate $30,000
The jury found that H.P. Greenfield Real Estate was the man- aging agent of the plaintiffs’ residence. It also found that H.P. Greenfield Real Estate was liable for Lameek’s injuries. It deter- mined that Lameek’s damages totaled $11 million. Ferguson was not awarded damages.
6 September 2016
THEY NOTED THAT LAMEEK’S IQ GREATLY DECREASED AFTER LAMEEK HAD REACHED THE AGE OF 10,AND THEY ARGUED THAT THE DECREASE COULD NOT BE ATTRIBUTED TO HIS EXPOSURE TO LEAD-BASED PAINT.