Rogers v. Home Equity USA, Inc.

Difficulties of proof abound in lead paint cases, and this case is no exception. Petitioner Terrence Rogers alleges that he was poisoned by lead-based paint as a toddler when he lived in a row house owned by the Respondent Home Equity USA, Inc. (“Home Equity”). The property tested positive for lead-based paint throughout its interior in 1976—20 years before Rogers lived there. To survive summary judgment, a plaintiff must establish the subject property as a “reasonably probable source” of his lead poisoning. We are faced with the question of whether—without ruling out other possible sources…