PHILADELPHIA – A Philadelphia man is suing a local realty company for allegedly not doing its due diligence to prevent poisoning that his minor son suffered as a result of exposure to lead-based paint in their rental apartment.
D.F. (a minor by his parent/natural guardian, Darryl Fields) of Philadelphia filed suit in the Philadelphia County Court of Common Pleas on Jan. 11 versus Michael Realty, Inc. also of Philadelphia.
Through a signed lease agreement, between July 2014 and February 2016, D.F. resided with Fields in Philadelphia, in a residence constructed and built prior to 1978. At all relevant times, the residence contained deteriorated lead-based paint and resultant dust on interior and exterior walls, window sills and other painted surfaces throughout the apartment, the suit says.
“After minor-plaintiff moved into the subject premises, minor plaintiff ingested and/or inhaled lead-based paint chips and dust. During the minor plaintiff’s tenancy in the subject premises and/or at some time subsequent thereto, minor plaintiff was diagnosed with lead poisoning, having elevated blood lead levels at or above the acceptable limits, which were the direct result of his exposure to, and ingestion and/or inhalation of, lead-based paint and lead-based paint dust at the subject premises,” the suit states.
For negligence, the plaintiff is seeking compensatory damages in excess of $50,000, plus punitive damages, interest, attorney’s fees, costs of suit, and such other and further relief as is just and proper.
The plaintiff is represented by Adam M. Green and Michael Schafle of Green & Schafle in Philadelphia, plus D. Alexander Latanision of Levy Konigsberg in New York, N.Y.
The defendant has not yet secured legal counsel, according to Court records.
Philadelphia County Court of Common Pleas case 190100661
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com