Gevaughn Clark v. F.G.J.H. Realty Trust ($50,000 settlement)

MEALEY'S LITIGATION REPORTS: LEAD

June 10, 1992

SETTLEMENTS: MASS. CASE SETTLES FOR $50,000

BOSTON -A claim brought on behalf of a child with a blood-lead level of 27 ug/dl has settled onthe eve of trial for a present day value of $50,000, according to the child's attorneys (Gevaughn Clark v. F.G.J.H. Realty Trust, No. 91-3203, Suffolk Super. Ct., Mass.).

Details of the structured settlement -are still being worked out, the attorneys said.

The parents of Gevaughn Clark sued the family's landlord, F.G.J.H. Realty Trust, after Gevaughn was found to have elevated blood-lead levels. A stick test showed a level of 21 and a veinous test conducted through the Harvard Community Health Plan showed a level of 27. The apartment was deleaded within weeks and the landlord voluntarily relocated the family during abatement.

The child later received speech and language, and neuropsychological evaluations; continued monitoring was recommended.

In their complaint the Clark family charged that the landlord was liable for the child's lead poisoning, had breached a warranty of habitability and had violated Chapter 93-A of the state's Consurher Protection Act.

Trial was scheduled for July 9.

The clark family was represented by the firm of Rainer & Rainer of Boston. F.G.J.H. Realty Trust was represented by Morrison, Mahoney & Miller, also of Boston.

Reprinted with permission of Mealey publications.