C — April 26 - May 9, 2013 — Spring Preview — Mid Atlantic Real Estate Journal
www.marejournal.com
C ommercial R eal E state A ttorney
EST ORANGE, NJ — Gary Gordon, Esquire and Tracey Firm’s long-time client absolved of any liability FRKB obtains significant jury verdict in favor of property owner/manager in lead paint case W
“By failing to dismiss the case against the individual principal and allowing the issue to proceed to a jury verdict, the judge acknowledged that individuals could be held personally liable based on their level of participation in the alleged wrongful act.”
Goldstein, Esquire, partners of the West Orange, NJ based law firm Feinstein, Raiss, Kelin & Booker, L.L.C. (FRKB), recently secured a significant “no-cause” jury decision on behalf of one of the firm’s long-time clients, who owns andmanages properties in East Orange, N.J. The plaintiffs in this case al- leged that a child who resided in an East Orange multi-family apartment building was lead poisoned in the apartment and
suffered brain damage, learn- ing disabilities and cognitive impairment as a result of the lead poisoning. The plaintiffs
named the property owner, management company and a member of the ownership group, individually, as defendants. Despite forming a limited liability corporation (LLC) and a corporation, which typically are established to insulate an individual from being held per- sonally liable, the ownership group’s principal was included as a defendant in this case. The plaintiffs named the owner as an individual defendant because he had assigned the task of painting the apartment prior to the tenant’s move-in, inspected the apartment prior to the move-in, and signed the lead-based paint disclosure statement given to the tenant when the lease was signed. The named defendants did not have insurance coverage for such claims, so FRKB provided the defense. After a four week jury trial, the Essex County jury returned a verdict in favor of all of the defendants and absolved all parties of any liability. “Re- gardless of the existence of an LLC and a corporation, this case highlights that a property owner’s individual principals may still be at potential risk for personal exposure, depending on their level of involvement,’’ said Gordon. “By failing to dismiss the case against the individual principal and allow- ing the issue to proceed to a jury verdict, the judge acknowledged that individuals could be held personally liable based on their level of participation in the al- leged wrongful act.” FRKB’s diverse clientele in- cludes individuals, owners, property managers, builders and developers. In addition to its distinguished reputation for handling commercial real estate transactions, the firm’s Litiga- tion Department focuses on commercial litigation matters and landlord tenant law. n
Gary Gordon
Tracey Goldstein
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