Opinion
File No. CV960473382S
Summary judgment; landlord and tenant; negligence; absolute nuisance; abnormally dangerous activities; whether, in action by plaintiffs, parent and minor, against defendant landlords to recover damages for minor's injuries allegedly due to exposure to lead-based paint in apartment rented to them by defendants, those counts of plaintiffs' complaint alleging absolute nuisance and abnormally dangerous activity failed to state a cause of action so as to warrant granting of named defendant's motion for summary judgment on those two counts.
Memorandum filed April 29, 1998
Memorandum on the named defendant's motion for summary judgment on counts three and four of the plaintiffs' complaint. Motion granted.
Early, Ludwick Sweeney, for the plaintiffs.
Kenny Brimmer, for the named defendant.
Richard L. Zayas, for the defendant David Sierra et al.
This is a civil action brought on behalf of a minor child for personal injuries based on alleged exposure to lead-based paint. The named defendant, Norma Maturana, has moved for summary judgment on the third and fourth counts of the plaintiffs' revised complaint dated October 15, 1996, which raise claims of absolute nuisance and abnormally dangerous activity respectively, on the ground that these counts fail to state a cause of action.
This court has previously ruled that the act of leasing premises alleged to contain lead-based paint, even to a family with children under the age of six, does not constitute a nuisance as a matter of law. Sanchez v. General Urban Corp. , Superior Court, judicial district of New Haven, Docket No. CV950378774 (Feb. 6, 1997) ( 19 Conn.L.Rptr. 97, 99-100) (Lager, J.); Wright v. Commerce Properties, Inc., Superior Court, judicial district of New Haven, Docket No. CV960386033 (July 14, 1997, Lager, J.); Lovick v. Nigro, Superior Court, judicial district of Hartford-New Britain at Hartford, Docket No. CV940542473 (Feb. 24, 1997, Lager, J.). See also Martinez v. Maturana, Superior Court, judicial district of Hartford-New Britain at Hartford, Docket No. CV960473382 (March 17, 1997, Lager, J.) (in which court struck twenty-fourth count of revised complaint in that case alleging absolute nuisance against defendant First Federal Savings and Loan Association of Rochester).
Likewise, this court has concluded, as a matter of law, that leasing premises that contain allegedly toxic levels of lead is not an abnormally dangerous activity. Sanchez v. General Urban Corp. , supra, 97 Conn.L.Rptr. 102; Martinez v. Maturana, supra, Docket No. CV960473382; Lovick v. Nigro, Docket No. CV940542473.