September 10, 2019, PLLR News
Failure to warn of lead paint hazards
Three people who suffered lead poisoning from childhood exposure to lead-based paint sued Sherwin-Williams Co. and others, alleging the defendants had acted unreasonably in marketing lead pigment and paint and in failing to warn of the danger to children. The jury awarded $6 million. Burton v. American Cyanamid.
As children, Glenn Burton, Ravon Owens, and Cesar Sifuentes were exposed to lead-based paint in their Milwaukee homes. Each suffered lead poisoning by ingesting white lead carbonate derived from accessible paint surfaces, paint chips, and dust. Among other problems, the lead exposure caused them to suffer a 10-point drop in IQ and other neurocognitive injuries.
The three sued Sherwin-Williams Co., Armstrong Containers, Inc., and E.I. DuPont de Nemours and Co., alleging that the defendants had acted unreasonably in marketing lead pigment and paint and in failing to warn of the dangers lead paint posed to children.
The jury awarded $6 million.
Citation: Burton v. American Cyanamid, Nos. 07-CV-0303, 07-CV-0441, 10-CV-0075 (E.D. Wis. May 2019).
Plaintiff counsel: AAJ member Edward A Wallace, AAJ member Mark Miller, AAJ member Lauren Kaplan, and Umar Sattar, all of Chicago; AAJ members Fidelma Fitzpatrick, Robert McConnell, and Jonathan Orent, all of Providence, R.I.; AAJ member Frank Crivello II, Keith Trower, Krista LaFave Rosolino, Peter Earle, and AAJ member Victor Harding, all of Milwaukee; AAJ members Michael Rousseau, Caroline Rion, Sara Couch, and Robert McConnell, all of Mt. Pleasant, S.C.; AAJ member Corey Lorenz, Madison, Wis.; AAJ member Breanne V. Cope, Minneapolis; and Neil Leifer, Auburndale, Mass.