Parents Sue After Lead Hazard Leads to Low IQ in Child
Jason Lanza, born in 2008 grew up with low IQ and speech and language deficits. Jason’s parents were occupants of a multi-family building located on Eastern Parkway in Farmingdale. In 2012, the Nassau County Department of Health conducted an inspection of the apartment building that they were living in and discovered various lead hazards, such as the paint on the windows and other areas in Jason's bedroom which significantly contributed to his mental impairments.
The Lawsuit
In 2014, Jason's parents filed a lawsuit against the building owner, Mr. Edward Delbalso and the apartment owners Mr. Peter Trifoli and Ms. Susan Trifoli, asserting a claim of negligence. The lawsuit was filed in the Nassau County Supreme Court.. In the lawsuit, Jason’s parents contended that Jason's brain impairments were the result of his exposure to lead-based paint in their apartment, which resulted in elevated lead levels in his body. In its order dated July 11, 2019, the Supreme Court dismissed the complaint against Trifolis as there was no evidence brought on record suggesting that they had actual or constructive knowledge of the hazardous lead-based paint condition in their building. In this judgment, the Court found the apartment building owner, Mr. Delbalso liable as he was involved in the construction process. The action then proceeded to trial on the issue of damages at the conclusion of which the jury found that Edward Delbalso’s negligence was a substantial factor in the elevated lead levels of Jason and that the premises were not reasonably kept safe. This was also noted as a violation of the New York common law that holds a landowner responsible for the safety of its premises. As a result, the jury ruled in favor of the plaintiff, Jason Lanza and awarded him $25,000 in pain and suffering damages ($10,000 for the past 11 years and $15,000 for the future 1 year).
The Appeal
Jason’s parents appealed in Lanza v. Delbalso (2d Dept. 2023, contending that the damages award was insufficient. Jason’s expert, a pediatric neurologist who conducted an examination of Jason in 2018, reviewed his medical and school records, and concluded that Jason's elevated levels of lead in his blood resulted in a permanent 15-point decline in his IQ, resulting in him functioning below average and experiencing a variety of developmental delays in school. Defendant Mr. Delbalso brought in a clinical psychologist who conducted a three-hour neuropsychological examination of Jason in 2015 and reviewed his records. The clinical psychologist concluded that Jason was not experiencing any persistent damages as a result of his exposure to lead. The expert also noted that Jason’s speech delays were diagnosed when he was 18 months old, before there was any actionable exposure to lead and, in any event, they fully resolved by the time he started elementary school. Additionally, he cited evidence that Jason was achieving academic success, did not require any special education or therapy, and did not exhibit any behavioral issues. Based on these findings, the Appellate Court upheld and affirmed the Supreme Court’s decision, dismissed Jason’s appeal, and kept the award for pain and suffering to $25,000.
Sternberg Injury Law Firm
Sternberg Injury Law Firm, which was founded in 2016, concentrates on the resolution of personal injury cases. Our firm welcomes Lead Hazard cases and are capable of accepting cases all over Nassau County, including Long Beach, and Lynbrook. We offer free consultations to all individuals who have been injured and their families who wish to provide support. Our experienced attorneys will meticulously evaluate your case in order to determine how we can be of assistance. We are dedicated to ensuring that you receive the highest possible compensation, thereby enabling you to concentrate on your recovery, should you elect to retain us. To initiate the procedure, please contact us today via our website, email, or phone.