Facts

In 2005, Cynthia Wright moved into in a South Pasadena residential property owned by the State of California Department of Transportation. Heather Nolan and Nolan's newborn son Connor Michaels-Nolan moved into the property in 2010. In August 2012, Connor was diagnosed with lead poisoning. A September 2012 inspection revealed that the property contained peeling and chipped lead-based paint at levels exceeding state exposure limits.

PLAINTIFFS' CONTENTIONS:
Plaintiffs contended that Caltrans was on notice of the peeled and chipping paint but refused to repair and remedy the conditions in a timely and sufficient manner. They brought claims for negligence per se, violation of Civil Code Section 1942.4, breach of the warranty of habitability, and breach of mandatory duty.

DEFENDANT'S CONTENTIONS:
In its answer to plaintiffs' first amended complaint, CalTrans denied the allegations and specifically denied that plaintiffs had been damaged in any way. It asserted various affirmative defenses.

Result

Connor Michaels-Nolan received $9,850,000 under the terms of the settlement reached with defendant. He will receive lifetime medical and other care, at no cost to his family.