A woman and her toddler were forced to move from their Bangor apartment after a landlord failed to remediate lead, causing her son to become sick, a lawsuit said.
Lisa Morelli signed a lease with Charles Bridge, LLC, for a property on Union Street and moved in around April 1, 2020, with her then 1-year-old son, according to the lawsuit, which was filed Monday in Penobscot County Superior Court.
Brian Lowry, of Southbury, Connecticut, is the sole member of Charles Bridge, LLC, which is a corporation in Millinocket. Neither had been served with the lawsuit as of Wednesday and no attorney is listed, according to court records.
The company and Lowry breached the contract and the implied agreement that the home was fit for habitation, the lawsuit said. Their acts also negligently inflicted emotional distress on Morelli.
Morelli is asking a judge to award her $1,356 for her relocation expenses that Lowry was obligated to reimburse, as well as unspecified amounts for medical expenses, damages for the breach of contract, attorney fees and punitive damages for malicious conduct.
Shortly after Morelli and her son moved into the home, he had physical symptoms that led her to seek medical care. A blood test confirmed the boy had high enough levels of lead in his blood that it could cause physical symptoms of lead poisoning, the lawsuit said.
Part of the lease said the landlord promises the residence is “fit to live in” and “not dangerous to the life, health or safety of the occupants,” the lawsuit said.
Morelli “adamantly sought action” about the lead paint and lead paint chips, through both written and verbal messages, the lawsuit said. Lowry and the LLC only took action after “numerous requests” and once the Maine Department of Health and Human Services became involved.
Lowry attempted to cover up the lead paint instead of remediating and removing it at standards required by the state of Maine, the lawsuit said. He also should have taken steps to find a safe home for Morelli and her son as soon as he was given written notice, but failed to do so.
Morelli was forced to move because Lowry did not remediate the lead paint as legally required, the lawsuit said. Under Maine law, Lowry and the LLC were obligated to reimburse Morelli for her moving expenses.
No payment was made to Morelli, even after a certified letter from the Department of Health and Human Services, the lawsuit said.
The toddler “suffered lead poisoning and severe symptoms which required medical care and expenses” because of the landlord’s inactions, the lawsuit said.
Morelli had severe stress, anxiety and physical reactions from those issues, the lawsuit said. No details were included about the child’s current health.
