Guillermo Clark, infant v. Gondolere Apts., Inc.

Outcome: Summary Judgment in favor of Plaintiff

Description: The underlying action was one for money damages for the serious personal injuries suffered by Guillermo Clark, who was seven (7) years old at the time. While growing up and living with his mother in an apartment in Brooklyn, NY, there were constant leaks caused by faulty roof and wall repairs to the building. These leaks caused the paint within Guillermo's apartment to crack, chip and peel. Although Guillermo's mother complained about the deplorable situation to the landlord repeatedly, the repairs that ensued by the superintendent were sloppy and only worsened the condition. Guillermo began to develop horrible symptoms: headaches, loss of appetite, slurring of his words, insomnia, lack of coordination, and the like. Perhaps worse, Guillermo began suffering from learning disabilities in school. Guillermo's doctors diagnosed him as suffereing from lead based paint poisoning which was coming from his apartment. After lengthy motion practice and oral argument before the Court, Guillermo, the plaintiff was awarded Summary Judgment against the defendant landlord, who was found to be wholly responsible for Guillermo's injuries.