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$________ CONFIDENTIAL Landlord's Negligence – Plaintiff alleges she suffered lead poisoning while residing in the apartment – Cognitive deficits.

Withheld County, MA

In this landlord/tenant matter, the plaintiff alleged that she suffered lead poisoning while residing with her parents in leased premises owned by the defendant landlord. As a result of the lead exposure, the plaintiff sustained cognitive deficits which have adversely affected her. The defendant denied that any lead paint exposure occurred at the defendant’s premises and maintained that the lead poisoning occurred when the plaintiff resided elsewhere.

The female plaintiff resided with her parents in an apartment owned by the defendant from ________ until ________. The plaintiff was tested at the age of two and demonstrated readings of 28 micrograms per deciliter. The plaintiff alleged that early childhood lead exposure caused her to suffer developmental delays and cognitive deficits which included a low IQ, poor self-esteem, poor performance in school and failure to thrive in her educational and vocational pursuits.

The plaintiff brought suit against the defendant landlord alleging negligence for failure to remove lead paint that resulted in lead exposure and poisoning by the plaintiff. The defendant denied the allegations and pointed to the fact that plaintiff resided in other places with known lead paint which were the likely cause of her exposure, not residing in the defendant’s apartment. The defendant also disputed the plaintiff’s allegations of cognitive deficits and disputed her claim for damages.The parties agreed to resolve the plaintiff’s complaint for the sum of $________ in a confidential settlement agreement between the parties prior to any trial.

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