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Essay / Research Paper Abstract
This 3 page paper provides a brief of this case involving the issue of relevancy and materiality. Those issues are the focus of the brief that outlines a case about children who were poisoned due to lead based paint present in a rental property. No additional sources cited.
Page Count:
3 pages (~225 words per page)
File: RT13_SA408Two.rtf
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Unformatted sample text from the term paper:
MALLARD, QUVONDRICK MALLARD, and VICTOR MALLARD vs. HAWKEYE AREA COMMUNITY ACTION PROGRAM, INC. and MERCY FACILITIES, INC. Citation of Case: No. 26 / 01-1332 in The Supreme Court of
Iowa Issue: This case involves children who had been affected by lead based paint over a period of three months when the family lived in a particular rental home. This
is a particular problem in older buildings where paint may be peeling off and is a well known dilemma. In this case, the parents of the affected children are suing
the owner and manager of the rental unit. Plaintiffs already lost in district court and are now taking the case a step further. The district court ruled in favor of
the defendant and this case was taken to the Supreme court on the basis that the district court was in error because it delayed its ruling, admitted school records of
other children in the household, and found insufficient evidence to support the claim. Plaintiffs feel that the initial judgment was unfair. Decision of the Court: The court found against the
plaintiffs on all counts. Reasoning of the Court: The court held that the plaintiffs failed to show how the inordinate delay actually hurt their case. The court acknowledges
that the delay was unusual, but there were valid extenuating circumstances and also that the case was not altered by the delay. Further, the court reviewed the medical records of
older children who were not a part of the case. Part of the complaint went to issues of relevancy and materiality. In other words, were the records of the older
siblings truly significant as it respects this case? The court noted that in cases regarding lead poisoning, there has been a show of relevancy and materiality when allowing school records
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