overno Client Dismissed in Childhood Lead Poisoning Suit

9/7/2012

Governo Law Firm recently prevailed in securing summary judgment in favor of a property developer sued for violation of the Massachusetts Lead Paint Law, interference with quiet enjoyment, and breach of the implied warranty of habitability. The plaintiff was diagnosed with lead poisoning in 1994 when she lived at a property owned by the defendant. Records procured during discovery indicated that the owner had obtained a Letter of Initial Lead Inspection Compliance in 1990, that an inspection of the premises was scheduled in 1993, and that a Letter of Full Inspection Compliance was issued in 1999. The records did not contain any indication as to the result of the scheduled 1993 inspection. Although none of the records contained evidence of dangerous levels of lead in the premises, plaintiff argued in opposing summary judgment that the existence of the inspections themselves created a question of fact as to whether the premises contained dangerous levels of lead. The plaintiff also sought additional time to inspect the premises in their current state.

The Court followed our framing of the issues in this novel case and adopted our arguments in its written opinion. We successfully persuaded the Court that the 1990 Letter of Initial Lead Inspection was still in effect in 1994 based upon the prior version of the statute and that this letter was a defense to any violation of the Lead Paint Law. The Court further ruled that discovery was closed and would not be reopened for an inspection of the premises. The Court allowed the defendant's summary judgment motion as to all counts.

For more information regarding this case or Governo Law Firm's active lead litigation practice, please contact David Governo (dgoverno@governo.com) 617.737.9047 or Chuck Sheehan (csheehan@governo.com) 617.737.9268.


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