Facts

Plaintiff Laura Kuhlmann used Sprayway 980 Industrial Fabric Protector, a moisture repellent for fabric, on seat upholstery in her motorhome.

Laura Kuhlmann and her husband, David Kuhlmann, filed suit against defendants Claire-Sprayway Inc. (the product's manufacturer), PLZ Holding Plaze Inc., Advanced Polymer Inc., Innovative Chemical Technologies Inc., and Upholstery Supply Inc., alleging the product was defective.

PLAINTIFF'S CONTENTIONS:
Plaintiffs alleged that Laura Kuhlmann suffered a severe acute inhalation injury when she used Sprayway 980. They contended that Sprayway980 contained a fluoropolymer-containing active ingredient, which was known to be hazardous if breathed in an aerosol spray. They further alleged that the spray can did not have adequate warnings considering the known hazards of the product. The Kuhlmanns claimed that Innovative Chemical and Advanced Polymer supplied the active ingredient and failed to warn of the dangers. The ingredient was originally distributed by Innovative, in liquid form. Plaintiffs contended that it was diluted before it was relabeled and resold.

DEFENDANTS' CONTENTIONS:
Claire-Sprayway contended that the product was safe and that it had received inadequate warnings from Advanced Polymer, regarding the danger of aersolizing such a product.

Advanced Polymer and Innovative contended that they provided adequate warnings for their products.

Specials in Evidence

Laura Kuhlmann asserted she was unable to continue to work for her family's company, a vegetable packing business, for 18 months following the incident. She received an annual salary of $132,000. She received full salary while she was off of work.

Damages

Laura Kuhlmann claimed past medical bills of $2.5 million, as well as damages for past and future pain and suffering. David Kuhlmann sought damages for loss of consortium.

Injuries

Laura Kuhlmann claimed to have suffered from toxic pneumonitis, which progressed to irreversible pulmonary fibrosis, resulting in her being hospitalized for six months and a lung capacity of 50 percent. She claimed to require supplemental oxygen in order to conduct non-sedentary activities.

Result

The parties reached a settlement for $6,405,000.