Facts

The plaintiff alleged that on or about May 29, 2005, she was using "Zip Wax Car Wash," "F21 Spray-On Wheel Cleaner" and "Wet 'n Black Tire Dressing," to wash and clean her pick-up truck in her front yard on a clear day. As a result of inhaling fumes from these products during the normal course of use, the plaintiff alleged she sustained dermal irritation and significant ongoing and permanent damage to her lungs. In particular, the plaintiff alleged she developed "hypersensitivity pneumonitis." The products were allegedly purchased by the plaintiff at K-Mart and designed, manufactured and distributed by Turtle Wax Inc. and Turtle Wax Industrial Inc.

The sole cause of action alleged in the complaint was products liability.

DEFENDANTS' CONTENTIONS:
The defendants denied all allegations and after sufficient discovery, the defendants filed a motion for summary judgment based on the grounds that no evidence of the alleged injury causing contaminant in the products existed, nor any evidence of a causative relationship between the plaintiff's alleged exposure and the products identified in the plaintiff's complaint.

Injuries

The plaintiff sought $4 million in general damages and $850,000 in special damages. Further, the plaintiff's alleged damages included, but were not limited to, wage loss, hospital and medical expenses, general damages, loss of earning capacity and other damages, including, but not limited to, future medical and related expenses, disfigurement, loss of quality of life.

Result

Dismissal with prejudice.

Other Information

The defendants' motion for summary judgment relied heavily on testimony obtained from the plaintiff's deposition, treating physicians and medical records. In addition, the defendants relied on analysis provided by Dr. Fred Fung, which included a declaration that the products could not have caused the plaintiff's alleged injures based in part on the product ingredients, mechanism and duration of alleged exposure. Shortly after the motion was filed, the plaintiff dismissed the entire action with prejudice. FILING DATE: May 26, 2006.