Lewis v. Lead Industries Ass’n

793 N.E.2d 869 (2003)

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Nature of the Case

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Facts

Ps brought the instant action on behalf of themselves and other similarly situated parents and guardians of minor children who have undergone or will undergo medical screening, assessment, or monitoring for lead poisoning or latent diseases associated with lead poisoning. D promoted the use of lead pigments in paint sold in the United States. Other Ds are alleged to have manufactured, marketed, and distributed white lead pigment for use in paint. P sought an order compelling Ds to reimburse and pay P and the members of the putative class for the costs of all medical screenings, assessments, and monitoring of their minor children. Ds moved to dismiss pursuant to section 2-615 of the Code of Civil Procedure (Code). Ds asserted that all six counts of Ps' second amended complaint failed to allege a compensable injury. They argued that the cost of screening a child for lead poisoning, absent any allegation that the child suffered a physical injury, is not a compensable present injury that will satisfy the damage element of a tort claim. The trial court agreed, characterizing the relief sought by the plaintiffs as damages for an increased risk of future harm. It was granted. Ps appealed.