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Lead Exposure Cases With Details Below
Minor Exposed to Lead Paint in Old Apartment
Settlement: $1,000,000
Case:
Lavita Gillespie, as Guardian of Timothy Gillespie and Lavita Gillespie v. Peterson Properties, a business entity, Sherman Peterson, an individual, and Does 1 through 100, inclusive, No. 03-04212
Court: Dallas County District Court, 193rd, TX
Judge: David W. Evans
Date: 7/24/2003
Plaintiff Attorneys:
Brian Depew, Engstrom, Lipscomb & Lack, Los Angeles, CA
John C. Mallios, Mallios & Associates, Dallas, TX
Defense Attorneys:
Thomas Zeff, Crabtree, Schmidt, Zeff & Jacobs, Modesto, CA
Facts & Allegations:
Plaintiff Timothy Gillespie, a minor, lived in an apartment complex located in Modesto, Calif., and owned by Peterson Properties, a business entity owned and operated by Sherman and Connie Peterson. The building in which he lived was constructed in either 1913 or 1914. Gillespie lived in the apartment from after his birth in November 1996, to Nov. 9, 1997. During that time, he suffered sever lead poisoning from lead paint in the apartment.
Gillespie's mother, Lavita Gillespie, sued the Petersons and others potentially liable for the lead content of the apartment. She alleged that they owed a duty to discover and remove the threat posed by the lead. She contended that in failing to do so they had breached their common law warranty of habitability, as well as statutory provisions dealing with lead poisoning, including the federal Residential Lead-Based Paint Hazard Reduction Act, passed in 1992, and the California Lead Poisoning Act, passed in 1995.
The case was first filed in California but was refiled in Texas to secure court approval of the settlement because the Gillespies had moved to Texas.
Injuries/Damages: Brain damage; nausea; speech impairment
Timothy Gillespie suffered lead poisoning which caused him to develop several permanent physical defects. These included brain damage with an IQ detriment of 14.4, speech construction problems, hyperactivity and behavioral problems, nausea and vomiting.
Result: The parties settled for $1 million
Insurer(s): State Farm General Insurance Co.
Plaintiff Expert(s):
Janice Nicci, Ph.D., neuropsychology, Dallas, TX
Thomas I. Kurt, M.D., toxicology, Dallas, TX
Defense Expert(s):
Douglas J. Hyder, M.D., pediatric neurology, Los Angeles, Ca
Randall C. Epperson, Ph.D., neuropsychology, Modesto, CA
$2.8 Million Settlement for 23 Demolition Workers, 3 Family Members Claiming Lead, Mercury Exposures
View Article Here Or See Details Below
Texas
Case name and number: William J. Tramel, et al. v. Best Group Inc. et al., Case/Cause #97-66
Plaintiffs / Defendants: 26 plaintiffs alleging direct or household exposure to toxic substances stemming from demolition of a power plant in Trinidad, Texas.
Settlement: $2.8 million
Date: April 30
Court: Henderson County 3rd Judicial District Court
Judge: James N. Parsons III
Defendants: Texas Utilities Electric, The Best Group Inc.
Claim: various medical problems, including severe headaches, nausea, lower gastrointestinal tract problems, extreme tiredness, joint aches, memory loss, early signs of renal failure.
Background: Twenty-three of the plaintiffs were demolition workers involved in the structural demolition of the Trinidad Steam Electric Station, a lignite coal power plant built in the 1920's which, at one time, was a major supplier of electricity to residents in the state.
The workers alleged exposure to various substances, primarily lead from lead-based paints on pipes. They also asserted exposure to mercury, PCB-filled oils from transformers and asbestos. One plaintiff was a spouse and two plaintiffs were minor children who alleged secondary "take home" exposure to the substances on the clothes and workboots of their family members who worked at the site.
Demolition activity started in early 1995 after TU accepted the low bid of $800,000 from Best Group. According to plaintiffs, the Occupational safety and Health Administration inspected the demolition site in September 1995 and cited Best Group for approximately $750,000, with the majority of fines levied for willful violations of the federal lead standard, according to the source. OSHA cited Best for failing to properly protect workers from lead exposure and failing to properly test and notify workers of blood-lead testing, plaintiffs asserted. The Michigan demolition company was also cited for firing workers whose blood-lead tests were high and who were unable to work due to lead toxicity, plaintiffs asserted. The company eventually settled with OSHA for approximately $200,000 a source said.
Defense: TU Electric argued that Best had a contractual, legal responsibility to make sure all federal, and safety standards were met in the demolition project. Best argued that whatever exposures occurred were negligible, and plaintiffs either were not injured or were injured only slightly.
Plaintiff Experts: Jeff Levine, M.D., Tyler, Texas: John Sullivan, M.D., toxicologist, environmental health specialist, Tucson, Ariz; Jim Hom, Ph.D., neuropsychologist; John Meyer, M.D. neurologist, Houston; Mike Amann, demolition expert, Alexandria, Va.
Other: The case was set for trial May 11 but settled at a second mediation.
The above article was first published in the Verdict Search Texas Reporter in the April 25th 2003 issue by Kirk Sowell.
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John Mallios has practiced law for 30 years helping people in need of assistance due to injury, divorce, or criminal charges. Mr. Mallios' persistence has resulted in large financial awards for those injured by accident, divorce, or otherwise.
John C. Mallios and Associates, P.C. maintains offices in Waxahachie, Texas. We serve all areas of North and Central Texas including: Collin County, Dallas County, Delta County, Denton County, Ellis County, Hunt County, Johnson County, Kaufman County, Parker County Rockwall County, Tarrant County, Wise County (DFW) Dallas Fort Worth Metroplex, Ables Springs, Addison, Aledo, Allen, Alma, Alvarado, Alvord, Anna, Annetta, Annetta North, Annetta South, Antioch, Argyle, Arlington, Aubrey, Aurora, Avalon, Azle, Balch Springs, Bardwell, Bartonville, Bedford, Ben Franklin, Benbrook, Blue Mound, Blue Ridge, Bolivar, Boyd, Briar, Briaroaks, Bridgeport, Brock, Burleson, Caddo Mills, Campbell, Carrollton, Cash, Cedar Hill, Celeste, Celina, Charleston, Chico, Cleburne, Cockrell Hill, Colleyville, Combine, Commerce, Cool, Cooper, Copeville, Coppell, Copper Canyon, Corinth, Corral City, Cottonwood, Crandall, Cresson, Cross Roads, Cross Timber, Crowley, Dallas, Dalworthington Gardens, Decatur, Dennis, Denton, DeSoto, DISH, Double Oak, Duncanville, Eagle Mountain, Edgecliff Village, Elizabethtown, Elmo, Enloe, Ennis, Euless, Everman, Fairview, Farmers Branch, Farmersville, Fate, Ferris, Flower Mound, Floyd, Forest Hill, Forney, Forreston, Fort Worth, Frisco, Garland, Garner, Garrett, Glenn Heights, Godley, Grand Prairie, Grandview, Grapevine, Grays Prairie, Greenville, Greenwood, Gun Barrel City, Hackberry, Haltom City, Haslet, Hawk Cove, Heath, Hebron, Hickory Creek, Highland Park, Highland Village, Hudson Oaks, Hurst, Hutchins, Ike, Irving, Italy, Josephine, Joshua, Jot Em Down, Justin, Kaufman, Keene, Keller, Kemp, Kennedale, Kensing, Klondike, Krugerville, Krum, Lake Bridgeport, Lake Creek, Lake Dallas, Lake Worth, Lakeside, Lakewood Village, Lancaster, Lantana, Lavon, Lewisville, Lillian, Lincoln Park, Little Elm, Lone Oak, Lowry Crossing, Lucas, Mabank, Mansfield, Maypearl, McKinney, McLendon-Chisholm, Melissa, Merit, Mesquite, Midlothian, Milford, Millsap, Mineral Wells, Mobile City, Murphy, Nevada, New Fairview, New Hope, Newark, Neylandville, North Richland Hills, Northlake, Oak Grove, Oak Leaf, Oak Point, Oak Ridge, Ovilla, Palmer, Paloma Creek, Pantego, Paradise, Parker, Peaster, Pecan Acres, Pecan Gap, Pecan Hill, Pelican Bay, Pilot Point, Plano, Ponder, Poolville, Post Oak Bend City, Prattville, Princeton, Prosper, Providence Village, Quinlan, Rattan, Red Oak, Rendon, Reno, Rhome, Richardson, Richland Hills, Rio Vista, River Oaks, Roanoke, Rockett, Rockwall, Rosser, Rowlett, Royse City, Runaway Bay, Sachse, Saginaw, Saint Paul, Sanctuary, Sand Branch, Sanger, Sansom Park, Savannah, Scurry, Seagoville, Shady Shores, Slidell, Southlake, Springtown, Sunnyvale, Talty, Telico, Terrell, The Colony, Trophy Club, Union Valley, University Park, Van Alstyne, Venus, Watauga, Waxahachie, Weatherford, West Tawakoni, Westlake, Westminster, Weston, Westover Hills, Westworth Village, White Settlement, Whitt, Willow Park, Wilmer, Wolfe City, Wylie, Yowell
This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.
Copyright © John C. Mallios and Associates, P.C. All rights reserved. Custom Website Design by MartinasWeb.com
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American Bar Association
State Bar of Texas
Texas Eastern District Court
Texas Northern District Court
Texas Southern District Court
Texas Western District Court
John Mallios has practiced law for 30 years helping people in need of assistance due to injury, divorce, or criminal charges. Mr. Mallios' persistence has resulted in large financial awards for those injured by accident, divorce, or otherwise.
John C. Mallios and Associates, P.C. maintains offices in Waxahachie, Texas. We serve all areas of North and Central Texas including: Collin County, Dallas County, Delta County, Denton County, Ellis County, Hunt County, Johnson County, Kaufman County, Parker County Rockwall County, Tarrant County, Wise County (DFW) Dallas Fort Worth Metroplex, Ables Springs, Addison, Aledo, Allen, Alma, Alvarado, Alvord, Anna, Annetta, Annetta North, Annetta South, Antioch, Argyle, Arlington, Aubrey, Aurora, Avalon, Azle, Balch Springs, Bardwell, Bartonville, Bedford, Ben Franklin, Benbrook, Blue Mound, Blue Ridge, Bolivar, Boyd, Briar, Briaroaks, Bridgeport, Brock, Burleson, Caddo Mills, Campbell, Carrollton, Cash, Cedar Hill, Celeste, Celina, Charleston, Chico, Cleburne, Cockrell Hill, Colleyville, Combine, Commerce, Cool, Cooper, Copeville, Coppell, Copper Canyon, Corinth, Corral City, Cottonwood, Crandall, Cresson, Cross Roads, Cross Timber, Crowley, Dallas, Dalworthington Gardens, Decatur, Dennis, Denton, DeSoto, DISH, Double Oak, Duncanville, Eagle Mountain, Edgecliff Village, Elizabethtown, Elmo, Enloe, Ennis, Euless, Everman, Fairview, Farmers Branch, Farmersville, Fate, Ferris, Flower Mound, Floyd, Forest Hill, Forney, Forreston, Fort Worth, Frisco, Garland, Garner, Garrett, Glenn Heights, Godley, Grand Prairie, Grandview, Grapevine, Grays Prairie, Greenville, Greenwood, Gun Barrel City, Hackberry, Haltom City, Haslet, Hawk Cove, Heath, Hebron, Hickory Creek, Highland Park, Highland Village, Hudson Oaks, Hurst, Hutchins, Ike, Irving, Italy, Josephine, Joshua, Jot Em Down, Justin, Kaufman, Keene, Keller, Kemp, Kennedale, Kensing, Klondike, Krugerville, Krum, Lake Bridgeport, Lake Creek, Lake Dallas, Lake Worth, Lakeside, Lakewood Village, Lancaster, Lantana, Lavon, Lewisville, Lillian, Lincoln Park, Little Elm, Lone Oak, Lowry Crossing, Lucas, Mabank, Mansfield, Maypearl, McKinney, McLendon-Chisholm, Melissa, Merit, Mesquite, Midlothian, Milford, Millsap, Mineral Wells, Mobile City, Murphy, Nevada, New Fairview, New Hope, Newark, Neylandville, North Richland Hills, Northlake, Oak Grove, Oak Leaf, Oak Point, Oak Ridge, Ovilla, Palmer, Paloma Creek, Pantego, Paradise, Parker, Peaster, Pecan Acres, Pecan Gap, Pecan Hill, Pelican Bay, Pilot Point, Plano, Ponder, Poolville, Post Oak Bend City, Prattville, Princeton, Prosper, Providence Village, Quinlan, Rattan, Red Oak, Rendon, Reno, Rhome, Richardson, Richland Hills, Rio Vista, River Oaks, Roanoke, Rockett, Rockwall, Rosser, Rowlett, Royse City, Runaway Bay, Sachse, Saginaw, Saint Paul, Sanctuary, Sand Branch, Sanger, Sansom Park, Savannah, Scurry, Seagoville, Shady Shores, Slidell, Southlake, Springtown, Sunnyvale, Talty, Telico, Terrell, The Colony, Trophy Club, Union Valley, University Park, Van Alstyne, Venus, Watauga, Waxahachie, Weatherford, West Tawakoni, Westlake, Westminster, Weston, Westover Hills, Westworth Village, White Settlement, Whitt, Willow Park, Wilmer, Wolfe City, Wylie, Yowell
This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.
Copyright © John C. Mallios and Associates, P.C. All rights reserved. Custom Website Design by MartinasWeb.com
Se habla español Sitemap