Jorge Ruiz, an infant, by his parents and guardians ad litem, Flaviana Cholula and Pedro Ruiz v. H. Robert Kaprelian and Lawrence Runsdorf and Adam Runsdorf

Plaintiffs brought this personal injury action, alleging that Jorge's exposure to lead in apartments leased, first from Kaprelian, and later from Runsdorf, had caused him to suffer both physical and mental disabilities. Plaintiffs settled with Runsdorf.

The court instructed the jury solely under a negligence theory of liability. Jury found that Kaprelian had not been negligent. The court subsequently denied plaintiffs’ motion for a new trial.

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Plaintiffs appealed arguing that the trial court erred in failing to instruct the jury regarding landlord’s implied warranty of habitability, under which Kaprelian would have absolute liability for the injuries without showing that he knew or should have known of the presence of lead paint in the apartment. The Superior Court of New Jersey, Appellate Division, affirmed the trial court judgment. See 731 A.2nd 118 (N.J.Super.A.D. 1999). The date shown above is the date of the appellate court decision and not the trial date. Reported by JAB.