The Connecticut Supreme Court addresses whether the special defense of governmental immunity for discretionary acts…
PERSONAL INJURY LAW: Superior Court allows claim of recklessness based upon lead paint poisoning to stand
The Complaint contained allegations that the landlord knew that the apartment at issue contained high levels of lead and that the landlord consciously disregarded the risk of harm by leasing the apartment to a family with children. Denying a Motion to Strike the recklessness count, the Superior Court holds that such allegations are sufficient to state a claim for recklessness. “Taken together, these allegations describe a conscious disregard of a high level risk of permanent harm to a vulnerable population — young children — for pecuniary gain.”
Medina v. Koos, CV14-6055131 (Conn.Super. Huddleston, J.)(Dec. 10, 2015)