A jury in Baltimore, Maryland, has awarded $2,200,000 to a young man who claimed that he suffered permanent brain damage as a result of ingesting lead paint while he lived at a residence in Baltimore for several months in 1996.
Facts and Allegations
From January 1996 to August 1996, Savon Johnson, a two-year-old boy, lived with his mother and older brother at 903 North Duncan Street in Baltimore. Four months prior to moving into the Duncan Street residence, Johnson had an elevated blood lead level of 10 micrograms per deciliter. In August 1996, a test revealed that his blood lead level was 15 mcg/dL. Shortly after leaving that address, his blood lead level fell to 7 mcg/dL.
Johnson sued City Homes Inc. and City Homes III, LP, the owners and operators of the North Duncan Street residence, as well as Barry Mankowitz, president of City Homes. Johnson alleged that the residence had contained lead-based paint hazards that led to his permanent brain damage. He further alleged that the owners had been negligent in failing to ensure the residence was free from lead hazards and were thus liable for his injuries.
City Homes claimed that it had tested the property for the presence of lead-based paint in 1993 when City Homes first purchased the property. According to City Homes, limited abatement was done at the time.
Mankowitz testified that City Homes did not remove all the lead from the property and it was not lead-free. The house was noted to contain original wood trim that had deteriorated during the period when Johnson inhabited it.
Result
The jury found that City Homes Inc. and City Homes III were liable for not removing the deteriorated lead paint from the home. The jury awarded a total of $2.2 million. The defendants' insurer, Penn National Insurance Company, covered the damages.
A motion to reduce the noneconomic damages portion of the verdict is pending.
The case is Johnson v. City Homes, Inc., No. 24-C-13-001215 (Md. Balt. Cir. Ct. Feb. 22, 2019). Attorneys involved include: Robert J. Leonard; Law Offices Of Evan K. Thalenberg, P.A.; for Savon Johnson; Matthew B. Thompson; Law Offices Of Evan K. Thalenberg, P.A.; for Savon Johnson; David A. Carter; The Carter Law Offices, LLC; Baltimore, MD for City Homes Inc., City Homes III, LP, Barry Mankowitz; Letam Duson; The Carter Law Offices, LLC; Baltimore, MD for City Homes Inc., City Homes III, LP, Barry Mankowitz.
Insurance Coverage Law Center Comment
This report is based on information that was provided by plaintiff's counsel. Defense counsel did not respond to the reporter's phone calls.
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Steven A. Meyerowitz
Steven A. Meyerowitz, a Harvard Law School graduate, is the founder and president of Meyerowitz Communications Inc., a law firm marketing communications consulting company. He may be contacted at [email protected].