Thornburgh said those arguments have failed elsewhere. The nuisance has been created, not by the manufacturer of the paint, but the failure to maintain the paint, which creates responsibility on the part of the property owners. Last week, a Rhode Island court allowed a lead lawsuit filed by the state to go forward, which supporters declared a major victory. Paint attorneys, though, saw it as a victory as well, since the judge ruled the state could not seek repayment of special education costs and dismissed the suit's product liability claims. Although Milwaukee has a nationally recognized program to address childhood lead poisoning, about 5,750 children have elevated lead levels in their blood.
Lead poisoning can stunt growth and cause learning problems for children.
While backers portray the battle as a crusade for the rights of children, critics say the the communities are just looking for easy money. Because of the contingency fee arrangement with the outside law firms, supporters say the city has little risk if the case fails, but could be a big winner. Critics, including some aldermen who adamantly fought the lawsuit measure, note the city will have to pay the costs associated with employee time needed to locate documents, and for workers testifying in pretrial depositions or in court. Appeared in the Milwaukee Journal Sentinel on April 9, 2001. Journal Sentinel Inc. All rights reserved.