Wednesday, February 04, 2009

Fractured Fairy Tale

There once was a lady who lived with her son on the south side of Chicago.

Unfortunately and unbeknownst to them, they lived in an apartment that had lead paint.

The exposure to the poison left the little boy with elevated lead levels in his blood.

So the lady left the building and moved to another place.

I can only assume to raise her child in the safest environment she could find and afford.

Unfortunately for her, the next place at 6959 South Paxton was no better than the first.

Or so the lawsuit allegeds (2008-L-005961).

Quadria Thomas and her son Danais Thomas are not only going after Merrill Square Cooperative and Quality Management Services---the first location; but also Carlton Knight and fellow defendants Walter Thomas and Theresa Thomas owners and/or property managers of the Paxton address.

Mr. Knight, Mr. & Ms. Thomas were the owners of the building where Ms. Thomas and her son “lawfully lived in and/or frequently visited an apartment in the said premises.”

I wish them luck.

I don’t think the esteemed lawyers of Conway & Conway know who they’re dealing with.

Even if they can prove that:

“…The said lead based paint to peel, flake, powder and otherwise deteriorate to the point where it could be and was ingested by the minor plaintiff;”
And…

“Caused other materials containing lead to be and remain on said premises and the apartment occupied by the plaintiffs, thereby creating a dangerous condition;”

And…

“Failed to warn the plaintiff’s parents and/or grandparents of the danger posed by the presence of lead on the said premises and/or apartment, though they knew that minor children were living on the premises.”

I’m mystified on how they’re going to get any type of financial relief.

I strongly suspect that legal shenanigans and delays will frustrate the plaintiffs and their lawyers.

And since a delayed payday is never on a lawyer’s agenda (or at least any lawyer I know), it’s within the realm of possibility that the plaintiffs may be dropped by their legal representative(s).

Leaving them up the creek without a paddle.

But when you think about it, would you really blame the lawyers?

You have a case constantly delayed with little if any chance of finding the pot of gold at the end of the rainbow what would you do?

But I hope against hope that’s not gonna happen.

Because if anyone needs to fight out a lawsuit, it needs to be on behalf of a little boy who’s very sick and was injured through no fault of his own.

I’m hoping for the best but expecting the worst.

2 comments:

Chub to Chic in Chicago said...

just surfing over to say hello.

lexii said...

Im so glad that someone is helping Quadria, I know her as "Dudda". Danais her son is a lovely boy with a great spirit. In 2000 I was a neighbor of hers, I have lost contact with her, if it is at all possible I would love to re-connect with her. Could you please let her know that her old friend Renee is looking for her and the kids. She can reach me at mcgheestribe@yahoo.com We been praying for years that she gets the needed help for her family.