[Lead paint] Alessia grew up in an old house. When Alessia was 25 years old, she was diagnosed with permanent kidney and nervous system damage, which doctors determined was linked to the lead paint she chipped off her windows and digested when she was a younger child. In order to offset some of the continuing medical costs, Alessia wants to sue the lead paint manufacturer, however, she doesn't know what brand of paint was used in her home. The most popular brand of lead paint in her area at the time the interior of her house was painted was made by ColorCo, but PaintCo and BrightCo were significant producers also with PaintCo having sales just behind ColorCo.
-BrightCo wants to ask the court to dismiss it from the lawsuit. Which argument, if true, would cause the court to deny the motion to dismiss BrightCo?
A) BrightCo's product was not identical to the product that harmed Alessia.
B) BrightCo has never sold the product in Alessia's area.
C) BrightCo sold the product in Alessia's area, but not until last year.
D) Alessia cannot prove that BrightCo's product was the product that caused Alessia harm.
E) There is no evidence that BrightCo's products ever contained lead.
Correct Answer:
Verified
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