Jury Awards Colorado Man $7.2 Million in Defective Product Lawsuit

Sept. 21, 2012

Many agree there are not many other smells as comforting as fresh popcorn. Unfortunately, according to a recent multimillion dollar Colorado Personal Injury lawsuit filed by a 59-year-old citizen, taking in the scent may be hazardous to your health.

According to an article from ABC Action News, the suit claimed the man developed respiratory failure from a condition known as “popcorn lung” in 2007 after inhaling freshly microwaved butter popcorn for years. The disease is normally seen in popcorn factories workers who breathe in large amounts of the chemical diacetyl which gives microwave popcorn its distinct butter flavor and smell.

The victim alleged the fumes were the direct cause of him losing 50 percent of his lung capacity and claimed the Gilster-Mary Lee Corp., The Kroger Co., and Dillon Companies Inc., who distributed and manufactured the product, failed to warn consumers of the dangers that the fumes present.

The jury agreed and gave the man $7.2 million in damages. The award is on top of a previous settlement the victim had reached with the maker of the butter flavoring used on the popcorn, FONA International Inc., for an undisclosed sum.

The Denver Personal Injury Attorneys with the McDivitt Law Firm believe manufacturers have a responsibility to provide products to consumers that have been tested and proven safe for use and hope that the decision will help get the victim back on his feet again.


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