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KIRK PRESCOTT v. PHILADELPHIA HOUSING AUTHORITY AND EDWARD S. COX (03/10/89)

decided: March 10, 1989.

KIRK PRESCOTT, A MINOR BY HIS PARENT AND NATURAL GUARDIAN ARLETTA JAMES, AND ARLETTA JAMES IN HER OWN RIGHT, APPELLANTS
v.
PHILADELPHIA HOUSING AUTHORITY AND EDWARD S. COX, APPELLEES



Appeal from the Order of the Court of Common Pleas of Philadelphia County, in the case of Kirk Prescott, a minor by his parent and natural guardian Arletta James and Arletta James in her own right v. Philadelphia Housing Authority v. Edward S. Cox, No. 3511, July Term, 1986.

COUNSEL

H. Allen Litt, for appellant.

Leigh Bechtle, Bechtle and Ryan, P.C., for appellee.

Judges Palladino and Smith, and Senior Judge Kalish, sitting as a panel of three. Opinion by Judge Palladino.

Author: Palladino

[ 124 Pa. Commw. Page 125]

Arletta James (Appellant) appeals from an order of the Court of Common Pleas of Philadelphia County granting the motion of the Philadelphia Housing Authority (PHA) for summary judgment and ordering judgment entered in favor of PHA. We affirm.

Appellant rented an apartment from Edward Cox on January 1, 1985. Cox had a contract with PHA that permitted Cox to receive assistance payments for renting the premises to individuals eligible for section 8 housing assistance.*fn1 Appellant was section 8 eligible. In September 1985, Appellant was informed that her son, Kirk Prescott, had increased levels of lead in his blood.

[ 124 Pa. Commw. Page 126]

Appellant filed suit, on behalf of her son and on her own behalf, against PHA on July 23, 1986. In her complaint, Appellant alleges that Kirk's lead poisoning resulted from his ingesting lead-based paint, which had chipped or flaked from the walls of the apartment. Appellant alleged that PHA was responsible for Kirk's illness because PHA:

     a) hired negligent, careless and reckless employees;

     b) failed to inspect the premises;

     c) allowed lead paint to exist on the walls in said premises for an unreasonable period of time;

     d) failed to warn Plaintiff of the dangerous and defective condition ...


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