Facts

On March 21, 2013, Jennifer Ries purchased an electronic cigarette kit, the "VapCigs E-Hookah E-Cigarette Starter Kit," from the Tobacco Expo store in California. The kit contained an electronic cigarette, a lithium ion battery, and a charger with a USB connector. Several days later, as Ries was driving with her husband and sitting in the passenger seat of their car, she decided to charge the e-cigarette's battery. Plaintiff plugged the charger's USB connector into a universal car charger, and then into the car's USB power port. Liquid began dripping from the battery, and a chemical smell filled the car. Moments later, the battery exploded, spewing shards of metal throughout the car, and setting Ries' dress and the passenger seat on fire.

Jennifer Ries sued VapCigs, the distributor of the e-cigarette kit, and the wholesaler La Verne Car Wash Inc., and the retailer Tobacco Expo.

PLAINTIFFS' CONTENTIONS:
Plaintiff claimed that as her seat was on fire she panicked and attempted to jump from the moving car, but her husband restrained her and managed to douse the flames with an iced drink. Plaintiff claimed severe emotional distress as a result of catching fire while trapped in a vehicle traveling 65 miles per hour.

Plaintiff claimed that VapCigs battery was defective and did not perform as safely as an ordinary consumer would have expected. She further alleged that the defendants were strictly liable for failing to warn of the potential risks of the E-Cigarette from reasonably foreseeable use, including charging the electronic cigarette in an automobile using the product's USB charger.

DEFENDANTS' CONTENTIONS:
Defendants admitted liability, stipulating that the product was both defective and failed to provide adequate warnings. Defendants disputed the nature and extent of plaintiff's damages.

Injuries

Plaintiff's husband rushed her to urgent care following the incident, where she underwent irrigation and debridement. Ries, then 28, claimed she sustained second-degree burns to her legs, buttocks, and hands. Plaintiff received treatment throughout the following month at the UC Irvine Burn Clinic. Plaintiff also claimed severe emotional distress, and was diagnosed with post-traumatic stress disorder. Plaintiff claimed that before the incident she was a philanthropist who enjoyed mission trips, charity work, and an active outdoor lifestyle. The second-degree burns left significant scarring on her body, and she was unable to enjoy the same level of outdoor activity following the incident.

Result

Following a six-day trial, the jury awarded Jennifer Ries $30,000 in future economic damages, $1,640,000 in past pain and suffering, and $215,000 for future pain and suffering, for a total award $1.885 million. All three defendants, the distributor, wholesaler, and retailer, will be subject to strict products liability for the defective product, and liable to plaintiff for the full extent of her injuries.

Other Information

FILING DATE: June 10, 2013.