ALLENTOWN – A lawsuit brought against a Florida landlord, charging him with liability for brain damage and other injuries suffered by a six year-old boy, may be subject to default unless a responsive pleading is made, a federal court has said.
D.H. (a minor, by his parent and natural guardian, Dana Kiefer) of Easton first filed suit in the U.S. District Court for the Eastern District of Pennsylvania on March 17 versus Kevin P. Ward of Tarpon Springs, Fla.
“In 2017, Ward owned a residential property at 500 ½ W. Pennsylvania Avenue in Pen Argyl, Pennsylvania. In or around April 2017, defendant rented the property to Dana Kiefer. Defendant knew that plaintiff Kiefer intended to reside in that property with D.H., her infant child, who at all times material hereto was a legal occupant of the property under the applicable lease. At all times material hereto, both plaintiffs were legal occupants of the Pen Argyl property,” the suit said.
“Unbeknownst to Dana Kiefer, the house was heavily contaminated with lead dust and lead-based chipped and deteriorating paint, on and around surfaces, making it particularly accessible to infants and toddlers, including D.H. On May 19, 2017, D.H.’s blood was tested, and the results showed he had an elevated level of lead in his blood, recorded as 11 micrograms per deciliter, a concentration more than double the ‘reference value’ established by the Centers for Disease Control to identify children with significantly excessive lead levels. During the time he and his mother lived in the Pen Argyl property, the concentration of lead in his blood reached even more excessive levels, as high as 35 micrograms per deciliter.”
The suit added that D.H.’s lead burden was revealed on x-rays, with lead being a heavy metal and a neurotoxin, which even with low levels of exposure, can cause brain and nervous system damage, developmental delays and learning and behavioral problems, all of which are or may be permanent.
“Sometime after the detection of lead in D.H.’s blood, the rental property he occupied was inspected by the City of Bethlehem’s Board of Health. The inspection and related tests of samples taken from the property showed multiple lead exposure hazards throughout the living area, including areas readily accessible to D.H. The inspection also revealed that defendant had not provided Kiefer with lead hazard information required by federal law,” the suit stated.
“As a direct result of being exposed to deteriorating lead paint, lead dust and other lead hazards in the Pen Argyl house, D.H. suffered lead poisoning and has experienced developmental delays, speech impairment, learning disabilities, acting-out behavior and loss of enjoyment of life, all of which may continue indefinitely in the future, may be permanent and will result in a loss of earnings and earning capacity. As a direct result of being exposed to the aforesaid lead hazards, D.H. has suffered brain damage and is receiving required, appropriate therapy and special educational services, which may continue indefinitely in the future.”
UPDATE
Brian R. Dixon, Civil Deputy Clerk for U.S. District Court for the Eastern District of Pennsylvania Judge John M. Gallagher, indicated in a June 28 filing that the case may be subject to a default judgment as early as a week and a half from now.
“A review of the Court’s records indicates that a responsive pleading has not been filed in this action. The complaint was served on March 23, 2022. The date for a response to the complaint was June 27, 2022. You may file a request with the clerk for entry of a default in accordance with Rule 55 of the Federal Rules of Civil Procedure. If the request for default is not filed by Friday, July 8, 2022, the Court may enter an order dismissing the above-captioned case for lack of prosecution,” the filing stated.
For counts of violating the Residential Lead-Based Paint Act and negligence, the plaintiff is seeking compensatory damages, treble damages, attorney’s fees, costs, punitive damages and such other relief as the Court deems just and equitable.
The plaintiff is represented by Gerald J. Williams of Williams Cedar, in Philadelphia.
The defendant has not yet secured legal counsel.
U.S. District Court for the Eastern District of Pennsylvania case 5:22-cv-01028
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com