Updated 09/17/2011 08:35 AM
Jury Rules in Favor of Plaintiff in Lead Poisoning Case
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For the first time in Western New York history, a jury has ruled in favor of a plaintiff in a lead poisoning case. A State Supreme Court jury in Rochester delivered the verdict Thursday night.
Ashley Hicks, 23, was awarded $221,000 for disabilities the court determined were the result of lead poisoning.
Hicks’ attorney argued that his client was lead poisoned between the ages of three and six years old while living in rental properties in Rochester. The jury ruled that landlord, Richard Franco, is responsible for paying the entire verdict.
"Something terrible like this that has happened really points out the need for lead safe housing and that's primary prevention,” said Mel Callan of the Coalition for the Prevention of Lead Poisoning. “It's keeping the home safe with children living in them, especially children under six. The other aspect is testing those so we are sure to find out which kids are affected."
The verdict was rendered for future economic loss due to neurological effects of the lead poisoning.
Franco's attorney said his side is pleased with the verdict. In a written statement, Franco's attorney said, "We felt the jury award for future lost earnings was fair, well reasoned and consistent with attorney, Bottari's recommendations during cross examination."