Young v. Libby

737 A.2d 1071, 1999 Me. 139, 1999 Me. LEXIS 160
CourtSupreme Judicial Court of Maine
DecidedOctober 1, 1999
StatusPublished
Cited by4 cases

This text of 737 A.2d 1071 (Young v. Libby) is published on Counsel Stack Legal Research, covering Supreme Judicial Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Young v. Libby, 737 A.2d 1071, 1999 Me. 139, 1999 Me. LEXIS 160 (Me. 1999).

Opinion

CALKINS, J.

[¶ 1] Joseph and Catherine Young appeal from a denial of their motion for judgment as a matter of law or for a new trial by the Superior Court, (Cumberland County, Cole J.). On appeal, they contend that no reasonable jury could have found for the defendant, Lois Libby, and that the court committed error when it refused their proposed jury instruction. They further claim that the court erred by allowing the testimony of Libby’s expert witness and by excluding other evidence. We affirm the judgment.

[¶ 2] Joseph and Catherine Young initially brought this action on behalf of themselves and their minor child, Laure, against James Irwin.1 Irwin died soon after the suit was brought, and Libby, his widow, was substituted as a party in her capacity as the personal representative of his estate. Subsequently, the trial court allowed the Youngs to add Libby as a defendant in her individual capacity. Although the complaint filed by the Youngs contained various counts, the only claim remaining for trial was the negligence claim on behalf of Laure. That claim alleges that Irwin and Libby knew or should have known about the existence of lead paint in the house they rented to the Youngs; that they failed to disclose the existence of lead paint; and that the failure to disclose caused injury to Laure.

[¶ 3] In September 1993 the Youngs and their family, including Laure then nine months old, moved into a house in Portland owned by Irwin and Libby. The house was rented to the Youngs by Irwin and Libby through a rent subsidy program, managed by the Portland Housing Authority (PHA). Because of the rent subsidy program the house had to pass an inspection by PHA. The inspection included a review of the condition of every room. The house was inspected on September 15, 1993, when the previous tenant moved out, and it did not pass inspection partly because of chipped and peeling paint in the rooms. Joseph Young and Irwin agreed that Young would make the necessary repairs. There was conflicting evidence as [1073]*1073to whether the Youngs moved into the house before September 24, 1993, the date on which PHA certified that the house passed inspection and the date on which the lease was signed by the Youngs. According to the PHA inspector all of the chipped and peeling paint had been repaired by the time of the September 24 inspection.

[¶ 4] In October 1993 Laure had a routine medical examination by her pediatrician, and a blood sample was drawn. The lead level in Laure’s blood was 14 micrograms per deciliter of blood which is slightly above the acceptable level of 10 micrograms per deciliter. Laure had another blood test in May 1994, and the lead level had risen to 21. At that time the pediatrician’s office notified the Youngs and the Department of Health. The Director of the Portland Lead Poisoning Prevention Center did tests at the house and determined the existence of lead, but the evidence is conflicting as to the significance of the tests. The Youngs moved Laure to the home of an aunt for a brief period but moved her to another relative’s home when the presence of lead was detected at the aunt’s home. Periodic medical tests continued to be done on Laure, and her lead level rose to a high of 42 mierograms per deciliter of blood in August 1994.

[¶ 5] Much of the evidence at trial concerning the cause of Laure’s elevated lead level in her blood and the effect of that lead level was conflicting and contradicted. Evidence was presented from which the jury could have found that the existence of lead paint in a house does not make that house a potential hazard for lead poisoning if the lead paint is covered by two coats of nonlead paint, unless the nonlead paint is peeling. There was testimony that there were at least two coats of nonlead paint on all surfaces in the house rented to the Youngs. Evidence was presented that there was no peeling or chipping paint and the paint was in satisfactory condition during the time Laure lived in the house. There was evidence from which the jury could have inferred that Irwin and Libby knew about the potential of lead paint poisoning in the house and evidence from which the jury could have reached the opposite conclusion. Likewise, there was evidence that Laure was asymptomatic with little or no likelihood of long term effects from the elevated lead levels, and evidence that she suffered from a learning disability and moderate mental disability with a prognosis of suffering long term effects.

[¶ 6] On the special verdict form submitted to the jury it found that Irwin and Libby had not failed to disclose a hidden defect of which they had knowledge or should have known. Because of this finding the jury did not reach the next question on the verdict form which was whether the failure to disclose proximately caused injury to Laure.

I. RULE 50 MOTION

[¶7] The Youngs argue that the court erred by not granting their motion for judgment as a matter of law, or in the alternative, for a new trial. “Pursuant to M.R. Civ. P. 50(b), a party seeking judgment as a matter of law after trial has the burden of establishing that the adverse jury verdict was ‘clearly and manifestly wrong.’ ” Maine Energy Recovery Co. v. United Steel Structures, Inc., 1999 ME 31, ¶ 5, 724 A.2d 1248, 1250 (quoting Townsend v. Chute Chem. Co., 1997 ME 46, ¶ 8, 691 A.2d 199, 202).

[¶ 8] From the evidence presented to it, the jury was warranted in finding that there was no hidden defect because the lack of peeling paint and the two coats of nonlead paint sufficiently remedied any potential problem posed by underlying lead paint. In the alternative, the evidence was sufficient to permit the jury to find that Irwin and Libby had no knowledge of potential exposure to lead paint because of the two coats of nonlead paint and the favorable inspection reports by the [1074]*1074PHA inspectors. The Youngs have failed to demonstrate that the jury verdict was clearly and manifestly wrong.2

II. JURY INSTRUCTIONS

[¶ 9] The Youngs claim that the court erred in refusing to give their proposed instruction to the jury. The Youngs requested an instruction that a landlord is required to make premises free from latent defects or hidden conditions of which the landlord knew or should have known if the danger posed to a child residing at the premises was foreseeable. Instead of the Youngs’ proposed instruction, the trial court gave the following (in part):

In this case, the Plaintiffs have claimed that ... the Defendants were negligent by failing to disclose a hidden defect.
In order to return [a verdict] for such claim the Plaintiff must show that the Defendant acted negligently. And that such negligence proximately caused the Plaintiffs injuries.
They’re further required to prove the Defendant knew or should have known of the hidden defect and failed to disclose its existence....
Landlords are not required to guarantee absolute safety of their premises. [Their] duty is to use ordinary, reasonable care to insure that the premises are reasonably safeguarded against all reasonably, foreseeable dangers in light of the totality] of the circumstances.

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Cite This Page — Counsel Stack

Bluebook (online)
737 A.2d 1071, 1999 Me. 139, 1999 Me. LEXIS 160, Counsel Stack Legal Research, https://law.counselstack.com/opinion/young-v-libby-me-1999.