Hamilton v. Kirson
Annotate this CaseIn each of these two consolidated cases, plaintiffs brought a negligence action against landlords to recover for injuries resulting from lead paint poisoning. Both plaintiffs relied on circumstantial, rather than direct, evidence that lead paint in the subject properties was a substantial contributor to the injuries. In both cases, the trial judges granted summary judgment to the landlords, concluding that the plaintiffs failed to present a prima facie negligence case with regard to the causation element. The Court of Appeals affirmed after setting forth principles under which a lead-paint poisoned plaintiff may establish through circumstantial evidence a prima facie negligence case for lead paint poisoning, holding that plaintiffs in this case failed to meet their initial burden of proving circumstantially a prima facie negligence case.
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