Joseph BENIK, et. al.
v.
Brandon HATCHER, a minor, et al.
Court of Appeals of Maryland.https://leagle.com/images/logo.png
April 19, 2000.
April 19, 2000.
Attorney(s) appearing for the Case
Kevin M. Murphy (William J. Carter, Lori A.F. Ridgeway, Carr Goodson Lee & Warner, on brief), Rockville, for petitioners.
Saul E. Kerpelman (Alan J. Mensh, Saul E. Kerpelman & Assocs., on brief), Baltimore, for respondents.
M. Albert Figinski, Weinberg & Green, LLC, Baltimore, Amicus Brief, for Maryland Multi-Housing Assoc.
William C. Parler, Jennifer S. Cavey, Parler & Wobber, L.L.P., Baltimore, Amicus Curiae, for Property Owners Assoc. of Greater Baltimore, Inc.
Craig A. Berrington, Laura L. Kersey, Washington, DC, Amicus Curiae, for American Ins. Assoc.
H. Thomas Howell, David A. Carter, Sandra A. Tofte, Howell, Gately, Whitney & Carter, LLP, Towson, Amicus Curiae, for American Ins. Assoc.
Kenneth W. Strong, Baltimore, Amicus Curiae, for Maryland Trial Lawyers Assoc.
Argued before BELL, C.J., and ELDRIDGE, RODOWSKY, RAKER, WILNER, CATHELL and HARRELL, JJ.
Court of Appeals of Maryland.
BELL, Chief Judge.
In this case, we are asked to decide whether, under the Consumer Protection Act ("CPA"), Maryland Code (1975, 1990 Repl.Vol.) Title 13 of the Commercial Law Article, specifically § 13-301(1), (2) and (3),1 proof of scienter is a prerequisite to holding a landlord liable for breach of warranty for injuries resulting from a child's ingestion of lead-based paint, when the child's dwelling, at the inception of the lease...
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