Brenner v. American Cyanamid Co.
New York Supreme Court, Appellate Division
699 N.Y.S.2d 848 (1999)
Richard and Terry Brenner (plaintiffs) moved into an apartment in an old house when their son was a baby. Nine months later, he was diagnosed with severe lead poisoning from ingesting lead-based paint. Testing found paint pigmented with white lead carbonate and paint containing four other lead compounds in the apartment. The Brenners could not identify which manufacturer made the paint or when it was applied. They sued multiple manufacturers who made white lead carbonate from 1926 when the house was built, until 1955 when manufacturers stopped selling lead-based paint for interior residential use, including American Cyanamid Co. (defendants). The Brenners asserted three theories of collective liability against the manufacturers. The court granted summary judgment for the manufacturers on two theories, but allowed the Brenners’ market-share liability claim to proceed. The manufacturers appealed, arguing the Brenners could not establish the requisite elements.
Rule of Law
Holding and Reasoning (Hayes, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 724,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 724,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 45,600 briefs, keyed to 983 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.