{ "id": 2523315, "name": "Charles L. Harris, Plaintiff-Appellant, v. Solna Corporation et al., Defendants-(American Drug Industries, Inc., Defendant-Appellee.)", "name_abbreviation": "Harris v. Solna Corp.", "decision_date": "1974-02-14", "docket_number": "No. 11989", "first_page": "1039", "last_page": "1043", "citations": [ { "type": "official", "cite": "16 Ill. App. 3d 1039" } ], "court": { "name_abbreviation": "Ill. App. Ct.", "id": 8837, "name": "Illinois Appellate Court" }, "jurisdiction": { "id": 29, "name_long": "Illinois", "name": "Ill." }, "cites_to": [ { "cite": "287 N.E.2d 526", "category": "reporters:state_regional", "reporter": "N.E.2d", "opinion_index": 0 }, { "cite": "7 Ill.App.3d 346", "category": "reporters:state", "reporter": "Ill. App. 3d", "case_ids": [ 2677063 ], "opinion_index": 0, "case_paths": [ "/ill-app-3d/7/0346-01" ] }, { "cite": "218 Cal.App.2d 855", "category": "reporters:state", "reporter": "Cal. App. 2d", "case_ids": [ 2128837 ], "opinion_index": 0, "case_paths": [ "/cal-app-2d/218/0855-01" ] }, { "cite": "32 Cal. Rptr. 754", "category": "reporters:state", "reporter": "Cal. Rptr.", "opinion_index": 0 }, { "cite": "475 F.2d 129", "category": "reporters:federal", "reporter": "F.2d", "case_ids": [ 281389 ], "opinion_index": 0, "case_paths": [ "/f2d/475/0129-01" ] }, { "cite": "200 N.W.2d 354", "category": "reporters:state_regional", "reporter": "N.W.2d", "opinion_index": 0 }, { "cite": "41 Mich.App. 446", "category": "reporters:state", "reporter": "Mich. App.", "case_ids": [ 2116895 ], "opinion_index": 0, "case_paths": [ "/mich-app/41/0446-01" ] }, { "cite": "78 F.2d 170", "category": "reporters:federal", "reporter": "F.2d", "case_ids": [ 949538 ], "opinion_index": 0, "case_paths": [ "/f2d/78/0170-01" ] }, { "cite": "136 A.2d 626", "category": "reporters:state_regional", "reporter": "A.2d", "opinion_index": 0 }, { "cite": "25 N.J. 359", "category": "reporters:state", "reporter": "N.J.", "case_ids": [ 1314273 ], "opinion_index": 0, "case_paths": [ "/nj/25/0359-01" ] }, { "cite": "255 P.2d 7", "category": "reporters:state_regional", "reporter": "P.2d", "opinion_index": 0 }, { "cite": "40 Cal.2d 608", "category": "reporters:state", "reporter": "Cal. 2d", "case_ids": [ 2347029 ], "opinion_index": 0, "case_paths": [ "/cal-2d/40/0608-01" ] }, { "cite": "158 A.2d 110", "category": "reporters:state_regional", "reporter": "A.2d", "opinion_index": 0 }, { "cite": "221 Md. 476", "category": "reporters:state", "reporter": "Md.", "case_ids": [ 1961483 ], "opinion_index": 0, "case_paths": [ "/md/221/0476-01" ] }, { "cite": "41 A.2d 850", "category": "reporters:state_regional", "reporter": "A.2d", "pin_cites": [ { "page": "852" } ], "opinion_index": 0 }, { "cite": "352 Pa. 51", "category": "reporters:state", "reporter": "Pa.", "case_ids": [ 464150 ], "pin_cites": [ { "page": "55" } ], "opinion_index": 0, "case_paths": [ "/pa/352/0051-01" ] } ], "analysis": { "cardinality": 594, "char_count": 10486, "ocr_confidence": 0.74, "pagerank": { "raw": 6.770845263994211e-08, "percentile": 0.41202093249451993 }, "sha256": "2d7b56036c1575067f34581e546c5cb1de3b3162ae888b26fe08615f31ee4a69", "simhash": "1:a9da64f45f2fc17d", "word_count": 1751 }, "last_updated": "2023-07-14T16:47:04.631682+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "Charles L. Harris, Plaintiff-Appellant, v. Solna Corporation et al., Defendants\u2014(American Drug Industries, Inc., Defendant-Appellee.)" ], "opinions": [ { "text": "Mr. JUSTICE TRAPP\ndelivered the opinion of the court:\nPlaintiff appeals from an order granting summary judgment for defendant, American Drug Industries, Inc.\nWhile cleaning an offset press for his employer, plaintiff suffered injury by inhaling vapor from carbon tetrachloride. He brought suit against the manufacturer and distributor of the offset press and against American Drug as the supplier of carbon tetrachloride. Neither the manufacturer nor the distributor are concerned in this appeal.\nThe complaint alleged counts in products liability and negligence respectively. Each contains substantially the same allegations that there were no adequate warnings of the toxic or dangerous quality of the product, no warnings concerning the proper use of such and no adequate warning or instruction \u201cas to the amount of ventilation required in the safe use of carbon tetrachloride\u201d.\nIn ruling upon the motion for summary judgment, the trial court considered the label which plaintiff asserted was upon the one-gallon jug of carbon tetrachloride, together with facts from the discovery deposition of plaintiff. The label was three inches by four inches and in addition to a trade name and defendant\u2019s business label contained the following \u201cCARBON TETRACHLORIDE\u201d (in letters not less than one-fourth inch high); beneath was the word \u201cTECHNICAL\u201d followed by \u201cNOT FOR PHARMACEUTICAL USE\u201d. In the center of the label was the word \u201cPOISON\u201d in letters not less than one-fourth inch tall with a skull and crossbones on either side of that word. The specific language beneath the word \u201cPOISON\u201d was:\n\u201cDANGER \u2014 VOLATILE SOLVENT Use With Adequate Ventalation [sic], Avoid Contact with Flame or Hot Surface.\nWARNING \u2014 HARMFUL VAPOR May Be Fatal if Inhaled or Swallowed KEEP OUT OF REACH OF CHILDREN\u201d\nThe complaint alleged that the injuries were incurred on July 24, 1969. Plaintiff\u2019s deposition discloses the following: In the course of plaintiff\u2019s employment, he was required to clean the carbon vanes of printing machines owned by his employer. Plaintiff had been using carbon tetrachloride to clean vanes of printing machines for Johnson Press, Inc., since 1964. He had read the label on the containers of carbon tetrachloride, although he did not read the label every time he used it. Defendant\u2019s deposition indicated that he was aware that the fumes of carbon tetrachloride were toxic and he would say that they were poisonous. In addition to the label, he had read the instruction book for the presses which advised that the fumes were toxic and that adequate ventilation was required.\nOn July 24, 1969, his employer owned two of these machines, which plaintiff cleaned at least once each month. In this process, he would take a one-gallon container of carbon tetrachloride from the storeroom, carry it into the room where the presses were, and pour it there. He would then take the container back to the storeroom. He would pour one-fourth to one-third of a coffee cup of carbon tetrachloride into a hole in the pumps of a machine. This would require him to kneel on the floor. While he was still pouring the liquid, the carbon tetrachloride would come out of another hole, three inches away from the first, in the form of fumes and a very small amount of liquid. He would then run the pumps on the press. Plaintiff would be an arm\u2019s length' away from the second hole, and would turn his head to avoid inhaling the fumes. The actual application of the carbon tetrachloride lasted only a minute or two; however, in the cleaning of the presses by wiping with kerosene plaintiff would stay near the machines and the fumes for about a half hour.\nFrom 1964 until 1966, plaintiff was responsible for cleaning one offset machine in a non air-conditioned room. After about 1966, he cleaned two offset presses in an air-conditioned room, and for part of the time, a press in another room.\nThe rooms where the offset machines are currently located measure about 30 to 40 feet by 50 to 60 feet. The plaintiff stated that while he used the carbon tetrachloride, the doors would be open and the air-conditioner would be running.\nThe trial court prepared a memorandum which noted the number and style of the admonitions directing caution by the user, that is, the use of the word \u201cPOISON\u201d with a picture of a skull and crossbones; the words \u201cDanger \u2014 Volatile Solvent\u201d; the words \u201cWarning \u2014 Harmful Vapor\u201d; the words \u201cMay be Fatal if Inhaled\u201d and the words \u201cUse with Adequate Ventilation\u201d.\nThe court noted that the primary thrust of plaintiffs contention is that the direction to use with adequate ventilation did not sufficiently advise as to the type and extent of ventilation required. His position on appeal is essentially the same. As to such contention, the trial court concluded:\n\u201cWe suppose a formula might be devised in terms of cubic feet of air inhaled by the user, and in terms of units of tetrachloride in each cubic foot. We doubt that such information would have been useful to the plaintiff, or to any other average person. Carbon tetrachloride is used in industry, in the arts, and in the home. It is used in rooms and enclosures of all shapes and sizes, and under innumerably various conditions so far as the nature and availability of ventilation is concerned. When the dangers of inhalation have been forcefully stated, we know of no useful way to improve on the admonition to use the product 'with adequate ventilation.\u201d\nPlaintiff cites Tampa Drug Co. v. Wait (Fla. 1958), 103 S.2d 603, wherein death resulted from the inhalation of carbon tetrachloride by an inexperienced user who was cleaning floors in his home. We note that in that case the label at issue failed to mention the word \u201cpoison\u201d or to show the skull and crossbones. There was no mention of tire fact that inhaling tire vapor might result in death. The label in that case warned against \u201cprolonged breathing\u201d of the vapor. The court felt that the issue raised was the sufficiency of the label to place a reasonable man on notice of the potentially fatal consequences of breathing the vapor. The court stated that there was a duty to warn \u201cwith a degree of intensity that would cause a reasonable man to exercise for his own safety the caution commensurate with the potential danger\u201d. Here, there was explicit notice of the potential that death might result from inhaling the vapor in conjunction with the word \u201cpoison\u201d and the double skull and crossbones representation.\nPlaintiff also cites Maize v. Atlantic Refining Co., 352 Pa. 51, 55, 41 A.2d 850, 852. There death resulted from inhaling the carbon tetrachloride contained in a household dry cleaning solvent. There was warning not to inhale the fumes but no reference was made of potential fatal consequences. In addition, the court emphasized that the trade name \u201cSafety-KIeen\u201d was placed in large letters on four sides of the container and \u201c* * * was so prominently featured as to exclude from her mind [the user] that provident fear which has been characterized as \u2018the mother of safety\u2019 \u201d, In the cited Twombley v. Fuller Brush Company, 221 Md. 476, 158 A.2d 110, the plaintiff contracted a toxic hepatitis through inhaling droplets from a spray type of household solvent used to clean fabrics. The only specific warning upon the container was that contact with the spray might cause frostbite. .There was no warning of poisoning from a harmful vapor or possible death from inhalation.\nIn Saporito v. Purex Corp. Ltd., 40 Cal.2d 608, 255 P.2d 7, also cited, there was warning that the container should be kept in a cool place, but no warning that such might explode if it was not kept cool. In Martin v. Bengue, Inc., 25 N.J. 359, 136 A.2d 626, there was no warning of the flammability which might result when the product impregnated plaintiff\u2019s pajamas. There the court concluded that it was a jury question whether there was a duty to warn of such flammability.\nDefendant also cites Abbott Laboratories v. Lapp, 78 F.2d 170. There the manufacturer knew that its medical product, Lactogen, might be contaminated if coagulated. The product was designed to be injected into tire bloodstream but no warning of the hazard of contamination was disclosed to the user. Similarly, in Simonetti v. Rinshed-Mason Co., 41 Mich.App. 446, 200 N.W.2d 354; Murray v. Wilson Oak Flooring Co., 475 F.2d 129 and Crane v. Sears Roebuck & Co., 32 Cal. Rptr. 754, 218 Cal.App.2d 855, it was held that it was a jury question as to whether the manufacturers should have warned that the fumes of the products were explosive, as well as warning that they were flammable.\nUpon these authorities, plaintiff argues that the question of the adequacies of the label warnings is always a jury , question. In none of such cases did the label state to the user the potentially fatal qualities of the product. In substance, the labels considered in such cases did not warn in any way concerning the injury which was suffered. Here, plaintiff had used carbon tetrachloride on each of two machines at least once a month for some five years. It explicitly appears that he was aware of the contents of the warnings and that the substance possessed a harmful poisonous vapor that might be fatal if inhaled. In effect, the label warned that the vapor should not be inhaled at all and the adequacy of the ventilation is measured by the standard of a poison that could be fatal if inhaled. The label did not suggest any safe margin of time in which the vapor could be inhaled as did some labels in the cited cases which only cautioned against prolonged or excessive breathing of the vapor.\nThe record shows as undisputed the warning of the poisonous quality and that any inhalation of the fumes was harmful and might be fatal. This meets the standard of a warning with a degree of intensity that would cause a reasonable man to exercise a caution commensurate with the potential dangers. Where there is no dispute upon the facts, summary judgment is proper as to both products liability and negligence cases. Fore v. Vermeer Manufacturing Co., 7 Ill.App.3d 346, 287 N.E.2d 526.\nThe judgment is affirmed.\nAffirmed.\nSMITH, P. J., and SIMKINS, J., concur.", "type": "majority", "author": "Mr. JUSTICE TRAPP" } ], "attorneys": [ "Arnold & Gesell, of Bloomington (Joseph H. Kelley, of counsel), for appellant.", "Heyl, Royster, Voelker & Allen, of Peoria (James B. Lewis, of counsel), for appellee." ], "corrections": "", "head_matter": "Charles L. Harris, Plaintiff-Appellant, v. Solna Corporation et al., Defendants\u2014(American Drug Industries, Inc., Defendant-Appellee.)\n(No. 11989;\nFourth District\nFebruary 14, 1974.\nArnold & Gesell, of Bloomington (Joseph H. Kelley, of counsel), for appellant.\nHeyl, Royster, Voelker & Allen, of Peoria (James B. Lewis, of counsel), for appellee." }, "file_name": "1039-01", "first_page_order": 1061, "last_page_order": 1065 }