United States First Circuit

In a suit alleging that a city, as the owner and seller of a house, had violated the federal statute requiring the disclosure of lead-based paint hazards, the district court's grant of summary judgment to the city is affirmed, where the purchaser did not bring the suit within the applicable three-year period of limitations, since: 1) he took title to the property on July 22, 2003 and brought suit on February 9, 2010; 2) the city's failure to disclose a report indicating that lead-based paint was present in the home did not give rise to a separate cause of action that survived the statute of limitations; 3) the injury occurred as of July 22, 2003; and 4) the discovery rule did not change the fact that the cause of action accrued on July 22, 2003.

Appellate Information

• Decided 05/08/2012
• Published 05/08/2012

Judges

• Thompson

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Christopher J. Seufert, Robert C. Dewhirst