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CASE NOTES

By ALM Staff | Law Journal Newsletters |
October 07, 2003

Factual Issues Bar Summary Judgment in Lead Paint Claim

Two infants sued the past and present owners of the apartment in which their mother lived during her pregnancy and after their births. They sought compensatory and punitive damages for injuries allegedly caused by exposure to lead paint in the apartment. The original landlord sold the apartment about a month before the birth of the second infant, Amorie. The defendants moved to dismiss, and the plaintiffs moved for summary judgment on the issue of liability. The trial court granted the original landlord's motion as to Amorie, the infant born after the building was sold, and denied the plaintiff's motion as to liability. Both parties appealed.

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