August 16, 2010

Confidential records of juvenile in lead paint lawsuit to stay sealed in Rhode Island court

Motley Rice environmental attorney Aileen Sprague comments on a recent ruling made by Superior Court Presiding Justice Alice B. Gibney to deny a landlord's request to access confidential juvenile records in the lead poisoning lawsuit Blanton, et al. v. Littlefield, a suit involving the effects suffered by a young boy as an alleged result of high levels of lead paint exposure within his family's Warwick, RI home.  

The landlord sought the records in order to show that the child's developmental and cognitive problems may have been caused by factors other than lead poisoning. The child was diagnosed with lead poisoning in 2004, however, and Rhode Island's Department of Public Health tested the home and confirmed that lead paint was present. Judge Gibney denied the request to review the confidential records and declined to allow attorneys from either side of the lawsuit to see the them.

When asked about the decision, Sprague, an attorney for the plaintiffs,said that “the danger of releasing records like this, and the danger of having those records available, is that it exposes other information that can distract from the facts. These records are confidential and they’re confidential for a reason.”

Read more about the lead paint lawsuit and the controversy involving juvenile records in an article originally featured in Rhode Island Lawyers Weekly.  

Read more about how Motley Rice environmental attorneys work on behalf of individuals and communities potentially affected by lead poisoning and other forms of environmental contamination.