A Virginia federal judge has sided with a family, allowing their breach of contract and a negligence suit to proceed against a North Carolina renovating company for allegedly dispersing lead paint residue into their home, which resulted in their children testing for high lead levels.
In a June 5 opinion, U.S. District Judge James P. Jones of the Western District of Virginia, Abingdon division, dismissed renovating company Salem Heritage’s motion to dismiss Christopher and Amy Menerick’s claims for negligence, fraud, violation of the Virginia Consumer Protection Act, and punitive damages.
