Jessica P. Butkera, a partner in the firm’s Maryland (Metropolitan D.C.) office, obtained summary judgment for our defendant client in the Circuit Court for Frederick County in a lead paint case filed by a family who purchased an historic home in Frederick, Maryland.
Approximately one month after Plaintiffs (two parents and a minor child) closed on an historic property, the minor-Plaintiff was diagnosed with elevated blood lead levels. Plaintiffs sued the sellers, represented by Attorney Butkera, for negligence, violation of the Consumer Protection Act, and negligent misrepresentation. Plaintiffs alleged that the sellers hired an untrained and uncertified contractor to perform repairs and misrepresented the property’s lead paint existence and history.
Attorney Butkera aggressively defended against these claims and counter-sued the parent-Plaintiffs for breach of contract, indemnification and contribution. The sale of contract allowed for the recovery of legal fees, which typically reach the six figures in lead paint cases.
After years of discovery, Attorney Butkera obtained summary judgment on both the Plaintiffs’ complaint and her clients’ counter-claim. The Court also awarded Attorney Butkera’s clients $100,841.37 in attorneys’ fees and costs.
The Plaintiffs appealed the summary judgment on their Complaint and attorneys’ fees and costs award to the Appellate Court of Maryland. Attorney Butkera and C&W associate Joseph Vercillo briefed the appeals. Attorney Butkera handled the oral argument before a three-judge panel, which affirmed the Circuit Court’s ruling. The Appellate Court’s opinion is attached.
If you have any questions about this case or any other lead paint, environmental or contractual matters, please contact Jessica Butkera, Esq. at jbutkera@c-wlaw.com or by phone at (410) 420-0700.