VERIFIED COMPLAINT

I. FACTUAL EVIDENCE

1. May 1996: John and Maria Cerrito (along with 8-month old John, Jr) lease a single-family dwelling at 857 Forest Avenue, South Bend, IN from Ms. Joanna Mount.

2. Along with all the other paperwork, Mr. Cerrito is given a copy of the EPA's pamphlet on lead poisoning.

3. He also signs a waiver which states that, due to the age of the home, there may be leaded paint inside or outside the house.

4. Jan 1999: John, Jr., now three years old, goes to a routine doctor's appointment. Mrs. Cerrito tells the family doctor, Dr. C. Hadley, that little John has frequent stomach aches, that he likes to swallow pebbles, and that he alternates between periods of hyperactivity and lethargy. Dr. Hadley discounts this partially since it is normal operating procedure for many three-year-olds, but she is concerned that John Jr.'s language development is behind schedule and in his routine tone hearing test she notices a hearing deficit for high-frequency sounds.

5. Since several other children from the same neighborhood have been treated for lead poisoning, she discusses the blood test results with the worried parents, orders a blood test and gives Mr. and Mrs. Cerrito another copy of the EPA lead pamphlet.

6. Feb. 1999: John Jr. is retested. In her case notes, Dr. Hadley writes that neither Mr. Cerrito appears to have understood the EPA pamphlet.

7. She recommends chelation therapy, which the Cerritos agree to.

8. 12 March 1999: John, Jr. is hospitalized for chelation therapy.

9. 14 March 1999: Renal complications develop; chelation therapy is stopped.

10. 16 March 1999: John, Jr. is discharged from the hospital and returns home.

11. 28 March 1999: John, Jr. is retested on a return doctor's visit.

12. 18 April 1999: Mr. and Mrs. Cerrito bring suit against Ms. Mount in Indiana State Court, ND special district. Trial date is set for Monday, November 1.

II. PARTIES

13. The Plaintiff, John Cerrito, as next friend to John Cerrito Junior, is a natural person residing at 857 Forrest Ave., South Bend, IN.

14. Defendant Joanna Mount is an Indiana landlady engaged in the service of renting and leasing homes.

III. FIRST CAUSE OF ACTION

15. Plaintiff, John Cerrito, as next friend to John Cerrito, Junior, re-alleges paragraphs 1-º12 of this complaint and incorporates herein.

16. Defendant Joanna Mount, violated Title 42 of the Public Health and Welfare Chapter 63A. of the Residential Lead-Based Paint Hazard Reduction Act/ Lead Paint Hazard Reduction.

17. Under the aforementioned title, the defendant must disclose the following information concerning lead upon transfer of residential property:

*provide the purchaser or lessee with a lead hazard information pamphlet, as prescribed by the Administrator of the Environmental Protection Agency under section 406 of the Toxic Substances Control Act

*disclose to the purchaser or lessee the presence of any known lead based paint or any known lead based paint hazards, in such housing and

*provide to the purchaser or lessee any lead hazard evaluation report available to the seller or lessor

IV. SECOND CAUSE OF ACTION

18. Plaintiff, John Cerrito, as next friend to John Cerrito, Jr, re-alleges paragraphs 1-12 of this complaint and incorporates herein.

19. Defendant Joanna Mount, was negligent as the landlady engaged in the service of renting and leasing homes:

A) The defendant has a duty as the landlady to provide a safe and hazard-free living environment due to the contractual relationship agreed to by both the defendant and the plaintiff.

B) The defendant breached her duty by failing to provide a safe, hazard free living environment or notifying the plaintiff of any hazard found on the site in accordance with Title 42. Lab results indicate an inordinate amount of lead in the paint in the home leased to the plaintiff by the defendant.

C) The lead paint found in the house leased by the defendant caused damage in the form of health complications to the plaintiff, John Cerrito Junior.

V. THIRD CAUSE OF ACTION

20 Plaintiff, John Cerrito, as next friend to John Cerrito, Jr, re-alleges paragraphs 1-12 of this complaint and incorporates herein.

21. The defendant, Joanna Mount, is in breech of the Common Law Warrant of Habitability due to her knowingly renting a property which contained inordinate amounts of lead-based paint, and furthermore for not specifying the specific locations of lead-based paint on the premises.

VI. DAMAGES

22. Wherefore, Plaintiff asks for $1000 for violation of Title 42

23. Wherefore, Plaintiff asks for damages in the amount of all medical expenses incurred as a result of treatment for lead-poisoning due to lead on premises.

24. Wherefore, Plaintiff asks for damages compensating for loss of IQ in John Jr. which decreases his future earnings potential.

Wherefore, Plaintiff asks for all other just relief.

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