|
|
|
|
IN LEAD-BASED PAINT LITIGATION, SUMMARY JUDGMENT BY BALTIMORE CITY CIRCUIT COURT IN FAVOR OF LANDLORD IS REVERSED DESPITE ABSENCE OF ANY EVIDENCE THAT ANY PAINT ON THE PROPERTY CONTAINED LEADDow v. L&R Properties, Inc., No. 2311, September Term, 2000 (Court of Special Appeals, April 11, 2002) A minor child and her mother sued their landlord, alleging that the child suffered injuries from ingesting lead-based paint in their home. The landlord moved for summary judgment, arguing that there was no evidence that lead based pain existed on the premises. Plaintiffs had neither expert testimony nor any laboratory test results showing the presence of lead-based paint. The trial court granted the landlord's motion, notwithstanding an affidavit submitted by the plaintiff mother to the effect that her daughter lived in the apartment from the time she was two months old to the time she was almost five years old; that she did not reside at any other residences during this time; and that she did not visit or spend overnights at any other residences during this time. Further, the mother's affidavit stated that she often observed her daughter with white chips of paint on her lips, inside her mouth and on the tips of her fingers. The affidavit also excluded contact with other sources of lead, such as fishing weights. The Court of Special Appeals reversed, finding enough circumstantial evidence to create an issue for the jury. The landlord did not dispute that the building had been constructed prior to 1950, that such dwellings often contain lead-based paint, that the child ate paint chips, or that the child was diagnosed with lead poisoning. The Court reasoned that if believed, the evidence offered by the plaintiffs could establish that the chipping and peeling paint was the only possible source of the child's lead poisoning. The mother's affidavit indicated that the child did not spend time anywhere else and was never exposed to any other sources of lead. |
|
Send E-mail to info(at)jocs-law.com with questions
or comments about this web site.
General contact information.
|
