Carole and Norman Hansen v. Sunnyside Products, Inc., et al.
Published: Aug. 19, 1995 | Result Date: Jul. 13, 1995 | Filing Date: Jan. 1, 1900 |Case number: 529090 – $0
Judge
Court
Sacramento Superior
Attorneys
Plaintiff
Douglas K. deVries
(Judicate West)
Defendant
Richard M. Jacobson
(Jacobson Markham LLP)
Experts
Plaintiff
I.J. Wilk
(technical)
Defendant
Russell Marhefka
(technical)
Facts
On August 24, 1991, Plaintiff Carole Hansen, a 54-year-old office manager, was using a hard-water stain remover distributed by Defendant Sunnyside Products, Inc. The product was called "Sunny Brite Water Stain Remover." Defendant's product contains 6 percent hydrofluoric acid as its active ingredient. Unlike other acids, hydrofluoric acid readily penetrates the skin, potentially causing severe deep-tissue injuries which are not immediately painful or recognizable. Mrs. Hansen started working with the product in the family's bathrooms somewhere between 8:00 a.m. and 9:00 a.m. on the day of the incident. The product labeling informs consumers to wear rubber gloves while using the product. Mrs. Hansen had a new pair of Playtex latex gloves. She continued working on the project all day and did not take the right glove off until approximately 3:15 p.m. when she was taking medication. At that time, she noticed that the long finger on her right hand appeared grayish in color and somewhat shriveled. It was not painful at the time. She put the glove back on and continued working until approximately 5:30 p.m., when she began having severe pain in her right hand. Plaintiff alleged that she had read the label thoroughly before proceeding with the job. The label warns consumers to avoid skin contact; that, should skin contact occur, the area should be flushed with water for 15 minutes. When the pain started, Plaintiff ran water over her hand, but that the pain became increasingly severe. It was only at this time that Mr. Hansen tested the glove and found a small hole on top of the glove near the end of the right long finger; he called the poison control and was informed to take his wife to the hospital immediately. After arrival at the hospital, the hand was treated with a topical calcium gel, in an attempt to neutralize the acid. The pain became increasingly severe overnight and Plaintiff was taken to the trauma center at University of California Davis Medical Center. She underwent several hours of intraarterial calcium infusions. The pain subsided somewhat, but was not resolved. After discharge from the hospital, Plaintiff's right arm was totally "dead." She had pain in nearly every aspect of her arm to her shoulder; there were no visible signs of hydrofluoric acid skin exposure other than in the middle finger of her right hand. After this accident, Defendant's product formula was changed to remove the hydrofluoric acid. The new product is safer and easier to manufacture, transport, and distribute without the acid; it also returns a greater profit; and the improved product works just as well as the product containing hydrofluoric acid, except that it must be kept on glass for 15 seconds longer.
Settlement Discussions
Defendant contended that they made a 998 offer to Carole Hansen in the amount of $47,000 and a 998 offer in the amount of $1,000 to Norman Hansen; and Plaintiff demanded $425,000 and Norman Hansen demanded $75,000.
Specials in Evidence
$13,000 $98,000 (per Defendant) (per Plaintiff: Mrs. Hansen worked for her attorney/husband, but did not receive compensation.) $192,000 (per Defendant)
Injuries
Hydrofluoric acid dermal burn to the right hand requiring large amounts of calcium, with continued complaints of pain. Plaintiff has not worked since the incident. Plaintiff's husband, Norman, also claimed loss of consortium injuries. Plaintiff suffers from residual tremors and remains with only 5 percent of the usage in her right dominant arm, which she had had, prior to the subject incident; in addition, she suffers from significant ongoing pain throughout that arm, hand, and articulations.
Other Information
Defendant Raleys was dismissed during discovery for a waiver of costs. Defendant Playtex Corporation was dismissed during discovery for a settlement of $15,000.
Deliberation
2.5 hours
Poll
12-0
Length
7 days
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390