Hauenstein v. Loctite Corp.

347 N.W.2d 272, 1984 Minn. LEXIS 1317
CourtSupreme Court of Minnesota
DecidedApril 20, 1984
DocketC4-82-1396
StatusPublished
Cited by75 cases

This text of 347 N.W.2d 272 (Hauenstein v. Loctite Corp.) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hauenstein v. Loctite Corp., 347 N.W.2d 272, 1984 Minn. LEXIS 1317 (Mich. 1984).

Opinions

PETERSON, Justice.

This is a personal injury action brought by appellant, Ward Hauenstein, seeking damages for a serious injury sustained to one of his eyes while using Loctite Retaining Compound No. 35 (RC-35), an adhesive produced by respondent, The Loctite Corporation.1 Hauenstein alleged that Loctite was strictly liable and liable in negligence solely for failure to warn Hauenstein that RC-35 contained acrylic acid and could cause blindness if it contacted eye tissue. The trial court submitted both theories to the jury. The jury made the following findings by special verdict:

1. Was [Loctite] negligent? Yes.
2. Did [Loctite’s] negligence cause the injury? No.
3. Was the [RC-35] in a defective condition? No.
4. Did the defective condition cause the injury? Not applicable.
5. Was [Hauenstein] negligent? Yes.
6. Did [Hauenstein’s] negligence cause his injury? No.
7. No apportionment by the jury of the parties fault. (Not applicable.)
8. [Hauenstein] suffered damages of
$200,000.

The trial court ordered judgment for Loc-tite based on these findings. Hauenstein moved the court for an amended verdict or a new trial, contending that the jury’s special verdict findings were perverse, inconsistent, and irreconcilable. The appeal taken from the order denying that motion raises these issues:

1. Whether the special verdict finding that Loctite was negligent and the finding that there was no product defect are inconsistent as a matter of law.
2. Whether the finding that Loctite’s negligence did not cause the injury is nevertheless dispositive of this case.

The events giving rise to this litigation are uncomplicated. In May 1974, Ward Hauenstein took his Porsche automobile to a service garage to investigate an oil leak. He arranged to do most of the work himself. He was cautioned to be careful with the garage’s tools and equipment for his own safety. While repairing the oil leak, he decided to tighten certain bolts under the engine that had a tendency to loosen. An employee of the garage recommended securing the bolts with RC-35. Hauen-stein read the label on the bottle and applied the RC-35 without incident.

Because the engine continued to leak oil, Hauenstein returned to the garage the following month. He removed the engine and placed it on a work bench. He thought that the oil leak might be caused by a faulty seal on the engine’s oil cooler, so he removed the oil cooler and replaced the seals. He reassembled the oil cooler and decided to secure the bolts with RC-35. When he first attempted to apply the RC-35, nothing appeared. He looked at the nozzle to see if it was obstructed, and he may have wiped it with a rag. He again attempted to apply the RC-35. He leaned over the engine and directed the bottle of RC-35 toward the oil cooler bolts. The oil cooler was between Hauenstein and the bottle of RC-35. The bottle was in a position roughly parallel to the ground and presumably was pointed toward Hauen-steins’ body, with the nozzle about 12 inches from his face. On this second at[274]*274tempt, he squeezed the bottle more firmly and a quantity of RC-35 entered his eye.

Hauenstein testified that he thought the nozzle suddenly came off the bottle of RC-35. He stated that he “felt something let loose” as he was squeezing and “thought” he saw the nozzle fly toward his face in the instant before the RC-35 entered his eye. The owner of the garage testified that he “thought” the nozzle was still on the bottle after the accident. Hauenstein was unable to produce the bottle at trial.

RC-35 is advertised only in industrial publications, and it is available only through industrial product distributors. Loctite acknowledges, however, that anyr one could buy RC-35 from a distributor.

RC-35 is a strong eye irritant containing 6.2% acrylic acid. Common chemical reference books listed acrylic acid as corrosive, hazardous, and a severe irritant; Loctite’s test results indicated that RC-35 caused blindness in rabbits. Loctite did not place warnings on the containers of RC-35 sold in 1974 nor did it list the chemical ingredients. It gave three reasons for the absence of warnings. First, it stated that the normal conditions under which RC-35 is used would make eye contact impossible. According to Loctite, RC-35 could not come into contact with the user’s eyes because the bottle must be turned upside down, away from the user’s face,- for the product to be dispensed drop by drop. The product is sold in a small plastic bottle with a press-fitted, clear plastic nozzle. Because the product must be kept in contact with air, the bottle is only half filled, and therefore, to dispense the product, the bottle must be turned upside down. RC-35 is a viscous liquid, the consistency of corn syrup. Very firm pressure must be used on the bottle to cause small drops to appear at the pinhole-sized opening in the nozzle. Loctite admitted that it was aware of instances where users pried the nozzle out of the bottle but stated that it was not aware of instances where the nozzle suddenly came off while the product was being dispensed.

Loctite’s second reason for not placing warning labels on bottles of RC-35 was the product’s history of safe use. Over 200,-000 bottles of RC-35 were sold in the 8 years preceding Hauenstein’s injury, and Loctite had never received reports of injuries from its use.

Loctite’s third reason was that government regulations in effect at the time of Hauenstein’s injury did not require warning labels on this type of product nor did chemical industry practices require such warnings. There was unrebutted testimony that standard procedure among industrial users is to presume that all chemicals are hazardous and should be handled accordingly.

1. The sole basis for Hauenstein’s claim that Loctite was negligent and that its product was defective was that Loctite failed to warn him that RC-35 could injure his eyes. He contends that the finding that Loctite was negligent but that RC-35 was not defective cannot be reconciled and therefore requires a new trial. Loctite argues that the findings are consistent because the duty to warn in strict liability cases is different from the duty to warn in negligence cases. Whether there is a difference between the duty to warn in a strict liability case and the duty to warn in a negligence case is an issue of first impression in this state.

Several jurisdictions have recognized that the standard for the duty to warn in strict liability cases is based upon concepts of negligence. If the failure to warn is not negligent, the product is not “defective,” and there is no strict liability. See Annot., 53 A.L.R.3d 239, 246 (1971). This parallel was noted in the dissenting opinion in Holm v. Sponco Manufacturing, Inc., 234 N.W.2d 207 (Minn.1982): “As a practical matter, where the strict liability claim is based on * * * failure to warn * * * there is essentially no difference between strict liability and negligence.” Id. at 215.

The jury instructions given in this case reflect this parallel. On the strict liability claim, the jury was instructed as follows:

[275]

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Bluebook (online)
347 N.W.2d 272, 1984 Minn. LEXIS 1317, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hauenstein-v-loctite-corp-minn-1984.