McIntosh v. Butler, Multnomah County Case No. 16CV29450

Plaintiffs are a husband, wife and minor child who rented a home from Defendant Butler.  Plaintiffs claimed that the home had dangerous levels of lead and that the minor child suffered debilitating physical, mental and emotional injuries due to the exposure to lead.  They brought negligence claims for personal injuries suffered by the minor child and also brought wrongful eviction claims. Plaintiffs alleged that Butler knew or should have known about the lead, and were therefore responsible for the harm caused by the exposure. The wrongful eviction claim was based on a theory that the Plaintiffs were constructively evicted due to the condition of the property. Plaintiffs sought $100,000 for past economic damages, $500,000 for future testing and medical expenses, $25,000 for un-refunded rent and deposits and $2,000,000 for non-economic damages.

Defendants denied that they were negligent.  They alleged that they were unaware of any lead issues when they purchased the property or at any time before renting the property to Plaintiffs.  They also denied that the minor child suffered any injury.  With respect to the wrongful eviction claim, they alleged that immediately after the presence of lead was discovered, they remedied the problem, and that three months later the Plaintiffs left voluntarily without having paid any rent.

Plaintiff’s Counsel – Robert Le

Defense Counsel – Joe Traylor

Verdict – $129,000.  All for wrongful eviction claim.  Jury found that Defendant was not negligent.

Date – November 9, 2017

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