$300,000 Settlement – Child Fall from Apartment Window in Mercer County

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Apartment Window Lacked Window Guards Despite Mother’s Request

Luciano v. Wood Street Housing Partners

A Mercer County judge approved a $300,000 payment to a child who fell from an apartment window that lacked window guards despite his mother’s request for them.

3-year-old Carlos L. fell from the second story of the Esperanza Apartments in Trenton. He broke no bones but about four months later, his mother, Gladys A., noticed that he had problems with hyperactivity, attention deficit, violent behavior, and sleeplessness, and a psychologist diagnosed post-traumatic temporal lobe epilepsy, according to the suit.

Gladys had checked off a box to request window guards on a 1998 lease addendum but the guards were never installed, says the family’s attorney, Gabriel Lependorf of Princeton’s Lependorf & Silverstein, P.C.

Gladys sued the owners, Wood Street Housing Partners, and the management company, Interstate Realty Management of Marlton.

Proving causation would have been complicated by a family history of psychiatric problems, says Lependorf.

Defense counsel Robert Rue, a Tuckerton solo, says Gladys admitted to treating physicians that Carlos’ problems predated the accident.

Superior court judge F. Patrick McManimon approved the deal, to be paid by Admiral Insurance Co. It includes $50,000 for Gladys and a structure that will pay Carlos a total of $600,168 by age 40, starting with $50,000 at age 18.

Mary Pat Gallagher, NEW JERSEY LAW JOURNAL

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