Family Sues House Owner over Lead Poisoning
Posted by Administrator (admin) on Jul 16 2008 at 2:13 PM
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A family whose two young children were diagnosed with lead poisoning is suing a local landlord alleging negligence.

The lawsuit, which was filed on Thursday, names as plaintiff’s mother Merisa McMurray, daughter Skylar, 2, and son Colton, 5. The three, along with father Shawn McMurray, and children Brittanee and Spencer rent a home on 1175 Cleveland Street. The house is owned by defendant George Thomas, of 1170 East State Street.

K. Bret Apple, attorney representing the plaintiff, said Thursday he was not able to comment as he had not seen the lawsuit until then.

According to the lawsuit, Thomas knew or should have known that peeling and chipping lead-based paint was present in the house, that the paint represented a risky condition to the McMurray children and that the premises were unfit, unsafe or uninhabitable condition.

The lawsuit alleges that Thomas failed to provide a reasonably safe house free of lead based paint or lead particles, to timely and properly correct the existence of lead-based paint, to disclose to tenants regarding the existence of lead-based paint and to give required disclosures and materials laid out in federal law.

As per the lawsuit, Thomas performed repairs in a negligent fashion and misrepresented them to have been safely completed. The lawsuit says that Thomas violated provisions of applicable building and safety codes. The suit also alleges a violation of the Ohio Landlord Tenant Act, a violation of both implied and expressed warranty and a loss of consortium.

The case has been assigned to Columbiana County Common Pleas Court Judge David Tobin.