ALLENTOWN – A Florida landlord denies responsibility for permanent brain damage injuries that a six-year-old boy in Pen Argyl suffered, allegedly due to his failure to remediate lead from the home that the boy lived in with his mother, the case plaintiff.
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
While admitting that a home inspection conducted in 2019 revealed the presence of lead, Ward denied knowledge of any lead in the home prior to that, and further denied direct responsibility for the plaintiff’s son’s injuries, in an answer to the case filed on July 5.
“Plaintiff’s complaint fails to state a claim upon which relief can be granted. Plaintiff’s injuries, if any, are related to pre-existing conditions wholly unrelated to the premises at issue. Plaintiff’s injuries, if any, are the result of the actions or inactions of third parties over whom Ward had no authority or control. Plaintiff’s injuries, if any, are the result of superseding and/or intervening causes. Plaintiff’s injuries, if any, resulted from exposure to lead at locations other than the premises at issue,” according to the case’s affirmative defenses.
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 is represented by John C. McMeekin II and Jennifer Seme of Rawle & Henderson, also in Philadelphia.
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