Family’s lawyer eyes lawsuit over lead
By LEONARD GLENN CRISTSALEM - The lawyer representing the McMurray family said Thursday he is exploring the possibility of a lawsuit against landlord George Thomas, who rents the family a home recently deemed "unsafe for human occupation" by the Ohio Department of Health (ODH) due to lead contamination.
"I am investigating the situation right now for a potential claim against the landlord," said Atty. Richard W. Schulte, of the Dayton-based firm Behnke, Martin and Schulte. The firm specializes in personal injury, divorce and criminal law, according to its Web site.
Parents Shawn and Merisa McMurray live with their four children in the Cleveland Street home owned by Thomas. Skylar, their 2-year-old daughter, and Colton, their 5-year-old son, were tested in March and found to have elevated blood lead levels.
Lead exposure in children under 6 years old can cause decreased intelligence and other developmental problems, according to ODH.
In March, ODH inspectors tested the house and found lead contamination caused by lead paint. Lead dust was found throughout the home, primarily in windowsills, doorjambs and the front porch.
ODH issued an April 18 order to Thomas to remediate the lead problem within 45 days using a state approved lead abatement contractor because, the order stated, "lead hazards were found which are contributing to a child's lead poisoning."
The abatement was not performed.
Thomas's lawyer, K. Bret Apple, said Tuesday Thomas attempted to contact several state-approved contractors, but many did not return his phone calls. In most cases where lead abatement orders are issued by ODH, the 45-day time limit is exceeded, Apple said.
John Belt, the health planning administrator for the ODH's childhood lead poisoning prevention program, said in certain parts of the state, delays in finding a contractor are possible, but those delays should only last a week or two, not two months.
On June 20, ODH issued a notice of noncompliance and an order to vacate the premises within 14 days. The 14 days expired Thursday, though the McMurrays remain in the home. They have been seeking alternative housing that is affordable and guaranteed lead-free.
ODH documents obtained by the Salem News reveal that Thomas has hired Citywide Home Service, of Macedonia, to perform the lead abatement. Thomas filed a required 10-day prior notification of the work with ODH June 19, stating the work was to begin on July 3 and conclude on July 7.
A revised notification filed by Thomas on July 2, the day after the Salem News broke the story of the McMurray family's lead exposure, stated the work was scheduled to begin and be completed on July 14.
Leonard Glenn Crist can be reached at lcrist@salemnews.net
