On September 29, 2020, the Court granted our motion for summary judgment dismissing Plaintiff’s product liability claims against W.M. Barr & Co., Inc., the manufacturer of Goof Off glue remover. Plaintiff poured Goof Off glue remover on her kitchen floor in contravention to the product’s instructions and warnings. Plaintiff also failed to extinguish the stove pilot light. Plaintiff began to remove the glue using a metal scraper when the Goof Off product allegedly ignited causing burn injuries to plaintiff’s legs.
W.M. Barr moved for summary judgment on the grounds that Plaintiff’s injuries were not proximately caused by any defect in the Goof Off product, that Plaintiff could not meet her burden of proof without expert evidence, which the Court precluded in response to our Motion for Sanctions, that the Goof Off product was not defective and unreasonably dangerous and that the Goof Off label effectively warned Plaintiff of the hazards associated with the use of the product.
The Court agreed. Because Plaintiff was precluded from proffering expert testimony, Plaintiff could not offer an alternative design. The Court also found that the warnings were sufficient, prominent and conspicuous and that her misuse of the product was the proximate cause of her injuries. A link to the decision can be found here.
The Littleton Park team was led by partner Michael H. Bai and associate Collin Crecco.
