Child poisoned by lead paint: Negligent maintenance of apartment: Learning disabilities: Verdict

Law Reporter, Oct 2004

Bonilla v. R.A.J. Mgmt. Corp., N.Y., Kings County Sup. Ct., No. 9760/01, May 14, 2004.

Bonilla was diagnosed with lead poisoning when he was four years old. The apartment where Bonilla has lived from the age of two contains lead paint that violates city and state health laws. Now 14, Bonilla has learning disabilities and requires special education.

Bonilla's mother sued the apartment management company on his behalf, alleging negligent maintenance of the apartment and negligent abatement of the lead paint. Suit alleged that Bonilla's mother had complained to the landlord about the paint several times, but defendant did not adequately abate the hazard. Defendant contended that the lead did not cause Bonilla's learning problems.

A jury awarded $1.02 million, including $470,000 for future lost earnings.

Plaintiffs expert witnesses were Theodore I. Lidsky, neuropsychology, Staten Island, N.Y.; John F. Rosen, pediatrics, Bronx, N.Y.; and Michael Soudry, economics, New York, N.Y.

Defendant's experts were Thomas Boland, clinical psychology, Brooklyn, N.Y.; and Abe Chutorian, pediatric neurology, New York, N.Y.

Plaintiff's Counsel

Alberto Casadevall, Yonkers, N.Y.