ALLRED & ALLRED, PC
7030 Fain Park Drive, Suite 9Montgomery, Alabama 36117
Telephone: 334-396-9200
Fax: 334-396-9977
News
4/21/2006 - Alabama Supreme Court Affirms Summary Judgment In Lead Paint Case
The Alabama Supreme Court affirmed, in a unanimous opinion, the granting of summary judgment by a Mobile County Circuit Court that the firm obtained on behalf of the owner of several rental properties in Mobile County, Alabama.
The plaintiff, who rented several of the defendant's houses over a period of more than ten years pursuant to a section 8 housing lease, brought suit on behalf of her minor son, alleging that he had suffered lead paint poisoning because of lead-based paint in the homes. Blood tests confirmed the child's elevated blood lead levels and housing inspections confirmed there was lead based paint in the homes. Arguing that lead is a pervasive element in the environment, the defendants pointed to numerous other possible sources of the child's elevated blood lead level. To establish causation under these facts, the defendants argued, would necessarily require speculation, surmise and conjecture on the part of the fact finder. The trial judge agreed and a summary judgment was entered in Mobile County Circuit Court on May 20, 2005.
The supreme court issued its Order affirming the granting of summary judgment on April 21, 2006.