Trial News
Verdicts & Settlements: Premises Liability
Nonprofit settles with child who suffered lead poisoning after living at housing shelter
April 10, 2020Dariel Morales Marty, 11, suffered from severe autism. He and his family spent two months at a housing shelter sponsored by nonprofit Honor EHG Inc., which leased the building from the county. While staying at the shelter, Morales Marty placed things, including paint chips, into his mouth. Subsequent blood testing revealed he had a lead level of 59, indicating lead poisoning. He has been diagnosed as having suffered brain damage, which has foreclosed the possibility of improvement from his baseline communication and daily living skills.
Morales Marty’s mother, on his behalf, sued Honor EHG, alleging premises liability. The defense argued that Morales Marty’s injuries resulted from his preexisting condition. The defense also brought in the county as a third-party defendant, as well as two premises owners who had previously hosted the plaintiff.
The parties settled for $750,000.
Citation: Marty v. Honor EHG Inc., No. 4691/13 (N.Y. Sup. Ct. Orange Cty. Aug. 26, 2019).
Plaintiff counsel: Pat James Crispi, New York City.
Plaintiff expert: Thomas F. Cullinan, pediatric psychology, Bronx, N.Y.
Defense experts: Walter Molofsky, pediatric neurology, and David Masur, pediatric psychology, both of New York City.
