CARTER v CLEVELAND DEVELOPMENT L.L.C.

Appeal Brief on Suing Previous Owner for Lead Poisoning Child

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We are representing a family with a lead poisoned child. The landlord does not have deep pockets, but the previous owner who had been order to remediate this problem 2 years prior to my clients renting the house is a large corporation.

The vast majority of victims of lead poisoning are poor minorities living in older housing. Black children are more than twice as likely to be poisoned as white children. Ashoura Carter and the Carter family fits all of these statistical generalizations of the problem. The Carters are African-American, Ashoura was only a little over one year of age when she was lead poisoned at the the 3420 E. 53rd St, Cleveland, Ohio property that had be abandoned by Stark Group L.L.C. rather than pay the expenses to remediate the lead paint problem.

I sued both the present and former owners for the injury. The trial court dismissed and I have persuaded our Court of Appeals to hear the appeal of the dismissal. I attach a copy of the brief filed in this matter. I'm sorry but the page numbers got crazy so I just dropped them from the pdf copy attached.

Based on my research, I have not found a reported case on the issue of a former owner who refuses to obey an order to remove the lead and instead just refuses to pay taxes on the property resulting in a foreclosure and resale to new owner who then rents to a family with small children resulting in the poisoning being found liable or not.

Any thoughts would be appreciated. Any assistance would be welcomed.

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Published In: Civil Procedure Updates, Residential Real Estate Updates, Toxic Torts Updates, Personal Injury Updates, Consumer Protection Updates

Reference Info:Appellate Brief | State, 6th Circuit, Ohio | United States