Family sues landlord over lead poisoning
By LEONARD GLENN CRISTA lawsuit alleging negligence on the part of a local landlord was filed Thursday by a family whose two young children were diagnosed with lead poisoning.
The lawsuit names as plaintiffs mother Merisa McMurray, daughter Skylar, 2, and son Colton, 5. The three, along with father Shawn McMurray, and children Brittanee, 11, and Spencer, 1 month, rent a home on 1175 Cleveland Street owned by defendant George Thomas, of 1170 East State Street.
Thomas' attorney, K. Bret Apple, said Thursday he had not yet seen the lawsuit and had no comment.
Columbiana County Common Pleas Court Judge David Tobin has been assigned the case.
The lawsuit alleges Thomas "knew or should have known" that the house contained peeling and chipping lead-based paint, that the paint "represented an unsafe condition" to the McMurray children and that the "premises were not fit, safe or in habitable condition."
The lawsuit also alleges:
Thomas "failed to provide a reasonably safe house free of lead based paint or lead particles."
Thomas "failed to timely and properly correct the existence" of lead-based paint.
Thomas "failed to disclose to tenants" the existence of lead-based paint" and failed to give required disclosures and materials laid out in federal law.
Thomas "performed repairs in a negligent fashion and misrepresented them to have been safely completed."
Thomas "violated provisions of applicable building and safety codes."
Additionally, the lawsuit alleges a breach of the Ohio Landlord Tenant Act, a breach of both implied and expressed warranty and a loss of consortium.
The family is asking for damages in excess of $25,000. The lawsuit states the lead exposure has led to "social, behavioral and intellectual" developmental problems and the children will face "diminished earning capacity over the course of their life." The family also faces and will continue to face medical expenses and costs for educational tutoring, the lawsuit states.
The McMurray's attorney, Richard Schulte, of Dayton, said Thursday he might not know for a while much harm has been caused to the family due to the lead poisoning, and so the exact amount of damages sought is not stated in the lawsuit.
Lead exposure has been found to cause decreased intelligence and developmental problems in children under six years old, according
to the Ohio Department of Health (ODH).
After Skylar was found to suffer from lead poisoning, ODH tested the house and found high levels of lead exposure throughout the home, especially in the window and door jambs and on the front porch.
An order to control the lead hazard within 45 days was issued to Thomas in April. Thomas did not perform the lead abatement. On June 20, ODH issued a notice of noncompliance and an order to vacate the premises.
Atty. Apple has said Thomas initially had trouble finding a state-approved licensed lead-abatement contractor.
An ODH official later said delays in finding a contractor are possible in certain parts of the state, but those delays should only last a week or two, not two months.
ODH records show Thomas has hired Citywide Home Service, of Macedonia, to perform the abatement on July 14.
Earlier this week, ODH placed a placard on the front door of the home stating the house was unsafe to live in.
The McMurray family remains in the home, they said, because they have been unable to find housing that is affordable and guaranteed lead-free.
Merisa McMurray said Thursday she has listed Thomas as a reference while looking at potential houses and Thomas has been giving the family a bad reference.
Schulte said Thomas is making it hard for the family to find a new home. He stated Thomas has contacted other area property owners. Schulte declined to give further information.
Apple said he was not aware of the situation and could not comment. A phone call made to Thomas was not returned Thursday.
Leonard Glenn Crist can be reached at lcrist@salemnews.net
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GearJammer
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07-12-08 1:47 PM
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Landlord how about giving us the nearest location of a shelter? Salem doesn't have any and you know it. Who can afford to move around so much
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SmallTown
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07-11-08 1:18 PM
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Landlord, if you had read previous articles you would know that most homes for rent in the Salem area are just as old and also contain high amounts of lead. Should they have gone to a hotel? Perhaps, but who can afford a move into a hotel in our declining economy. And a shelter? Give me a break. That's totally and completely unacceptable. The bottom line here is that Mr. Thomas knew of the problem at the home and broke the law by not doing anything to correct it in a timely manner. Shame on him.
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landlord
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07-11-08 6:15 AM
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If they were so concerned about the lead they would of moved. They could of went to a shelter. What great parents having their kids still live in that house. Please don't come rent from me.
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