GRIMES V. KENNEDY KRIEGER INSTITUTE, INC.
782 A.2d 807 (2001)
NATURE OF THE CASE: Two separate negligence actions involving children who allegedly
developed elevated levels of lead dust in their blood while participating in a research
study with Kennedy (D) are before the Court. Grimes (P) appeals from a ruling granting D's
motion for summary judgment based on the sole ground that as a matter of law there was no
legal duty, under the circumstances. Higgins (P) appeals from a ruling granting DI's motion
for summary judgment based on the ground that D had no legal duty to warn them of the
presence of lead dust.
FACTS: D contracted with EPA and was to receive $200,000 for performing its
responsibilities under the contract to experiment with lead dust protocols in the home. D
was 'to characterize and compare the short and long-term efficacy of comprehensive
lead-paint abatement and less costly and potentially more cost-effective Repair and
Maintenance interventions for reducing levels of lead in residential house dust which in
turn should reduce lead in children's blood.' The goal was to document the longevity of
various lead base paint abatement strategies, factored in terms of reducing lead exposure in
house dust and the children's blood lead levels. The project required that small children be
present in the homes. [Reading the entire case text makes you instantly outraged at the
criminal conduct perpetrated by D and that this was not negligence but an intentional tort.
However, Ps sued in negligence.] On appeal Ps alleged that D owed a duty of care to P based
on the nature of its relationship with appellant and her mother arising out of: (1) a
contract between the parties; (2) a voluntary assumption by D; (3) a 'special relationship'
between the parties; and (4) a Federal regulation.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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