Carletta Henderson, as Next Friend of Chanell R. Rountree, an Infant, and Carletta Henderson, Individually, v. Lyman G. Vann, et al.

A lead poisoning action was filed on behalf of Chanell Rountree by her aunt, who is her legal guardian, for her injuries resulting from exposure to deteriorating lead-based paint while she resided in an apartment owned by the defendants.

Facts: In 1983, the Rountree family moved into an apartment owned by Lyman G. and Carolyn G. Vann. While residents, the family participated in the Section 8 Housing Assistance Payments program administrated by the local housing authority. Six years later, in November 1989, Chanell Rountree was born, and the family continued to live in the defendants' apartment as Section 8 tenants until they moved out in early November 1992.

On July 29, 1992, Chanell was diagnosed with lead poisoning, with an elevated blood lead level of 35 micrograms per deciliter (µg/dL). The apartment in which the family lived was inspected three weeks later by both the local housing authority and the health department. Excessive flaking, chipping, and peeling lead-based paint was found on the interior and exterior of the dwelling.

The house, built in 1910, was purchased in 1981 by the defendants and converted into apartments. In August 1992, defendants were notified by the housing authority that a child had been lead poisoned at the house they owned in which the Rountree family lived.

Allegations as to liability: The plaintiff alleged theories of recovery based upon violations of the BOCA National Property Maintenance Code, the Norfolk Code, and the Virginia Residential Landlord and Tenant Act; breach of implied warranty of habitability; and common law negligence. According to federal housing quality standards, as well as state and local building and housing codes, the defendants were required to remove all defective paint surfaces, including all chipping, peeling, cracking, or scaling paint. The plaintiff alleged in part that the defendants violated building and housing codes when they failed to remove the deteriorating lead-based paint and failed to put and keep the premises in a fit and habitable condition.

Injuries and Damages: Chanell's lead poisoning resulted in severe and permanent injuries, including learning disabilities. The plaintiff also sought damages for expenses for past and future treatment of the child, impairment of the child's enjoyment of life, and a loss of future earnings and earning capacity.

If structured, include the present value and the structure of future payments.
$250,000.00 present value; structure of future payments under negotiation.

Jeffrey S. Kreutzer, Ph.D., neuropsychologist; C. Rick Ellis, Ed.D., educational psychologist; and Joseph H. Guth, Ph.D., certified industrial hygienist.

Edward A. Peck, III, Ph.D., neuropsychologist

Interesting or unique aspects of the case including discovery motions, evidentiary issues, etc.
The court quashed the defendants* subpoenas duces tecum seeking social services and WIC records of the mother. A summary of the decision was published in Mealey's Litigation Report: Lead, Volume 7, Issue #21, August 14, 1998.