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Criminal Law Keyed to Dressler
Skipworth v. Lead Industries Association
Facts
Plaintiff was born in 1988. Between 1990 and 1991 she was hospitalized for lead poisoning on three separate occasions. Testing of the residence where she lived revealed the presence of lead based paint at various locations throughout the home. Plaintiff filed an action against several manufacturers of lead pigment and their successors, as well as a trade association (Defendants). Plaintiff alleged physical and neuropsychological injuries as a result of lead poisoning from the lead paint in her home. Plaintiff could not identify the manufacturer of the lead pigment, which Plaintiff ingested, and admitted that they could not identify when such pigment was made, sold, or applied to her home. Plaintiff identified and joined substantially all of the manufacturers of lead pigment used in residential house paint from 1870 until production ceased in 1977. Plaintiff invoked theories of collective liability, market share liability, alternative liability, conspiracy, and concert of actio n. Defendant filed a Motion for Summary Judgment. The trial court granted Defendant’s motion. The Superior Court affirmed.
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