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JACKSON v. DACKMAN

No. 131, September Term, 2008.

30 A.3d 854 (2011)

422 Md. 357

Zi'Tashia JACKSON, a minor, et al. v. The DACKMAN COMPANY, et al.

Court of Appeals of Maryland.

October 24, 2011.

Attorney(s) appearing for the Case

Brian S. Brown (Saul E. Kerpelman & Associates, P.A., Baltimore, MD; Terry J. Harris of Law Offices of Terry J. Harris, Spokane, WA; Lisa J. Smith of Law Office of Peter T. Nicholl, Baltimore, MD), on brief, for Petitioners/Cross-Respondents.

James R. Benjamin, Jr. ( Thomas J. Whiteford of Whiteford, Taylor & Preston, L.L.P., Baltimore, MD), on brief, for Respondents/Cross-Petitioners.

Argued before BELL, C.J., HARRELL, BATTAGLIA, GREENE, MURPHY, ADKINS and JOHN C. ELDRIDGE, (Retired, Specially Assigned), JJ.

ELDRIDGE, J.

The principal issues in this case concern the constitutionality of the provisions in the Reduction of Lead Risk in Housing Act which grant to the owners of certain rental properties, under specified conditions, immunity from personal injury suits based upon a child's or a pregnant woman's ingestion of lead. We shall hold that the statute's provisions granting immunity violate Article 19 of the Maryland Declaration of Rights and are, therefore, invalid...

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