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Judge makes lead paint ruling.

Gary Gordon and Tracey Goldstein, partners of the West Orange, NJ-based Feinstein, Raiss, Kelin & Booker, LLC, secured a "no-cause" jury decision on behalf of a property owner named in a lead poison case.

The plaintiffs named the property owner, management company and a member of the ownership group, individually as defendants in the case alleged that a child suffered brain damage as a result of lead poisoning.

Despite forming a limited liability corporation (LLC), which typically insulate an individual from liability, the ownership group's principal was included because he had assigned the task of painting the apartment prior to the tenant's move-in, inspected the work and signed the lead-based paint disclosure statement given to the tenant when the lease was signed.

After a four week jury trial, the Essex County jury returned a verdict in favor of all of the defendants and absolved all parties of any liability.

"Regardless of the existence of an LLC and a corporation, this case highlights that a property owner's individual principals may still be at potential risk for personal exposure, depending on their level of involvement," said Gordon.

"By allowing the issue to proceed to a jury verdict, the judge acknowledged that individuals could be held personally liable based on their level of participation in the alleged wrongful act."
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Title Annotation:lead poisoning case
Comment:Judge makes lead paint ruling.(lead poisoning case)
Publication:Real Estate Weekly
Article Type:Brief article
Geographic Code:1USA
Date:Apr 10, 2013
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