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Hale and Alexander Achieve Nominal Settlement in Lead Paint Case

December 4, 2012

Shadonna Hale (Of Counsel-Baltimore) and Maryan Alexander (Associate-Baltimore) settled a lead paint case for a nominal amount after arguing to the plaintiff that the evidence could not support lead exposure at the insured property at or before the date of the blood lead level testing.

Ms. Hale and Ms. Alexander compared the plaintiff’s allegations to the rental records and discovered that the plaintiff’s tenancy began one month after the date of the plaintiff’s blood lead level testing.  There was only testimony supporting the plaintiff’s tenancy at the insured property before the date of blood lead level testing. 

Defense counsel argued that the evidence did not support the plaintiff’s allegation that her elevated blood lead levels were caused by exposure at the insured property. The plaintiff rebutted that, because the plaintiff’s mother testified that there was chipping, flaking, and peeling paint at the insured property, there could have been additional exposure following the blood lead level testing.  However, the defense argued that there was no subsequent blood testing to reflect continued exposure or elevated blood lead levels. 

The plaintiff agreed to accept a nominal settlement, rather than face a motion for summary judgment.

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