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Skipworth v. Lead Industries Association
Pennsylvania Supreme Court
690 A.2d 169 (Pa. 1997)
During the first years of her life, Dominique Skipworth (plaintiff) was hospitalized on three separate occasions for lead poisoning. She also received multiple outpatient treatments for lead poisoning. She lived at all times in a home rented by her guardian, Pandora Williams (plaintiff) that was estimated to have been built around 1870. The residence was tested and lead paint was found on the walls. However, it was unclear what manufacturer made this paint or when it had been sold or applied to the house. Through Williams and her mother, Ernestine Richardson (plaintiff), Skipworth brought suit against every known manufacturer of lead paint between 1807 and 1977, when lead paint was no longer manufactured. The defendants included Lead Industries Association (Association) (defendant). Skipworth’s suit alleged various theories of collective liability including market share liability, alternate liability, conspiracy, and concert of action. The trial court granted summary judgment for the defendants on all counts and the appellate court affirmed. Skipworth appealed.
Rule of Law
Holding and Reasoning (Cappy, J.)
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