Maryland Lead Paint Lawsuit Seeks to Challenge Damage Cap
The Maryland Court of Appeals heard arguments this week about whether the state’s cap on non-economic damages should apply to a Maryland lead paint lawsuit which resulted in a $2.3 million verdict under the Consumer Protection Act.
>>INFORMATION: Lead Paint Lawsuits
According to the Maryland Daily Record, Kelly Green, who is now a teenage, suffered lead poisoning as a result of eating paint chips that were flaking off of the wall at a house the family rented in Northeast Baltimore when she was a toddler. The family alleged that Kelly’s mental and physical conditions, as well as her IQ were affected by the lead poisoning.
Following a 2007 trial, a Baltimore City Jury awarded $2.3 million. Although the jury of six people determined that this was the amount that provided fair compensation, the judge reduced the verdict to $515,000 under the Maryland damages cap.
On appeal, the family is challenging the application of the Maryland limitation on damages in their lead paint lawsuit. They are arguing that the cap only applies to Maryland personal injury lawsuits arising from a defendant’s negligence of tortious activities, not to claims like theirs which was brought under the Consumer Protection Act.
The Daily Record article indicates that the Court of Appeals judges appeared to be critical of the Green family’s position.
Most Maryland injury lawyers disagree with the rationale and purpose behind the damages cap, as they have seen the impact it has when plaintiffs are denied the compensation they should be entitled to receive. However, given prior decisions by the Court of Appeals, it would be a surprising result if they find that claims brought under the Consumer Protection Act are not subject to the statutory cap.
MARYLAND LEAD PAINT ATTORNEYS
The Maryland lead paint attorneys at Saiontz & Kirk, P.A. investigate potential cases for children who have been diagnosed with elevated lead blood levels. Many poorly maintained rental properties, particularly in Baltimore City, contain lead paint which is flaking off of the walls due to the landlords failure to properly take care of their property. Eating, sucking or inhaling lead paint chips can cause serious injuries, including:
- Nervous System Injury
- Brain Damage
- Seizures or Convulsions
- Growth or Mental Retardation
- Coma or Death