Bencosme v. Kokoras

In 1973 Rafael Bencosme (plaintiff), an 11-month-old child, moved with his mother to his father’s apartment in Massachusetts. Shortly afterward, the Bencosmes had another son, Carey Bencosme (plaintiff). In 1975 the Bencosmes discovered that the apartment’s owner, Nicholas Kokoras (defendant), had failed to remove from the premises paint and plaster containing high levels of lead. As a result, Rafael and Carey had lead poisoning and were suffering multiple disabilities due to the high levels of lead in their bodies. The Bencosmes filed an action in a Massachusetts trial court against Kokoras for failing to remove the lead as required by Massachusetts General Law Chapter (G. L. c.) 111, § 197. The Bencosmes sought damages for the medical injuries Rafael and Carey had sustained, pursuant to G. L. c. 111, § 199. The jury returned a verdict for the Bencosmes, awarding damages for the boys’ medical bills on the ground that Kokoras had failed to remove the lead paint and materials as required by the statute. The jury did not award the Bencosmes punitive damages, on the ground that Kokoras had removed the lead after being notified of the apartment’s condition. The award was appealed. On appeal, Kokoras argued that the trial court had erred by not requiring the Bencosmes to prove that Kokoras had known or should have known that there were dangerous levels of lead in the apartment and was negligent by failing to remove the lead. The Massachusetts Supreme Judicial Court considered the case.