Jackson v. Dackman Co.

Plaintiffs, a minor and her mother, sued Defendants, owners of residential rental properties, for negligence and deceptive practices in violation of the Maryland Consumer Protection Act after the minor suffered brain injuries allegedly resulting from her ingestion of lead-based paint at one of Defendants' properties. Defendants moved for summary judgment, contending that they had complied with the Reduction of Lead Risk in Housing Act by registering their property, and therefore, they were immune from suit under the immunity provisions of the Act. The circuit court granted summary judgment for Defendants, holding (1) the Act's provisions granting immunity were constitutional, and (2) Defendants' registration renewals were timely because they were mailed on December 31. The court of special appeals reversed, holding that Defendants were not entitled to qualified immunity because they did not fully comply with the Act where the renewal of their registration was not received by December 31. The Court of Appeals reversed and remanded with directions to reverse the circuit court, holding that the immunity provisions in the Act were invalid under the Maryland Declaration of Rights because no adequate remedy was substituted for the grant of immunity and the victim was uncompensated for her injuries. View "Jackson v. Dackman Co." on Justia Law