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Defendant's Verdict in Lead Paint Case
Mario Simmons recently obtained a directed verdict in Supreme Court, Bronx County, in the matter of Morales v. Topsey Corp. The plaintiff alleged that both she and her then unborn child suffered lead paint poisoning as a result of the negligent abatement of a lead paint condition in the target apartment. Specifically, the adult plaintiff claimed that the defendant scraped and plastered peeling lead paint while she was 8 months pregnant and present in the apartment, resulting in neurological injuries to the fetus.
The matter was tried before The Honorable Alan Sacks in the Bronx Supreme Court. The defense presented evidence that the target apartment was not a competent source of lead exposure that could have resulted in the plaintiffs' elevated blood lead levels. The defense further asserted that the mother and child's elevated blood lead levels were more consistent with a long term exposure for many years prior to the plaintiffs' tenancy in the apartment, than an acute event over the short period of time that the apartment was painted.
After the close of the plaintiffs' case, the Court granted the defense's application for a directed verdict, and found that the plaintiff failed to present competence evidence establishing causation of the infant's injuries.
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