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Keywords

damagesappealtrialtestimonywillpunitive damages

tortdamagesliabilityappealverdictstrict liabilitypunitive damages

Related Cases

O’Gilvie v. International Playtex, Inc., 821 F.2d 1438, 56 USLW 2044, Prod.Liab.Rep. (CCH) P 11,428

Facts

Kelly O'Gilvie brought a diversity action against International Playtex, Inc. on behalf of his deceased wife, Betty, alleging that her use of Playtex super-absorbent tampons led to her death from toxic shock syndrome. The jury found that Playtex failed to adequately warn users about the risks associated with their product, leading to an award of $1,525,000 in actual damages and $10,000,000 in punitive damages. Following the trial, the district court ordered a reduction in punitive damages, which both parties appealed.

Kelly O'Gilvie brought this diversity action, individually and on behalf of the estate of his deceased wife Betty, against International Playtex, Inc. O'Gilvie alleged that Betty's use of Playtex super-absorbent tampons caused her death from toxic shock syndrome, and he sought damages from Playtex under the Kansas law of strict liability in tort.

Issue

The main legal issues were whether the evidence was sufficient to support the jury's findings on causation and punitive damages, and whether the district court had the authority to order remittitur.

The Court of Appeals, Seymour, Circuit Judge, held that: (1) evidence was sufficient to send causation issue to jury; (2) evidence was sufficient to submit punitive damages issue to jury; and (3) district court was without authority to order remittitur.

Rule

Under Kansas law, an inadequate warning creates a presumption of causation, and punitive damages may be awarded for willful and wanton conduct that invades the injured party's rights.

Under Kansas law, an inadequate warning creates a presumption of causation.

Analysis

The court found that there was sufficient evidence for a reasonable jury to conclude that Playtex's warnings were inadequate and that this inadequacy was a contributing factor to Mrs. O'Gilvie's death. Expert testimony indicated a causal link between the use of super-absorbent tampons and toxic shock syndrome, and the jury was properly instructed on the law regarding the adequacy of warnings. The court also determined that the district court's remittitur was improper as it was based on post-trial events.

A review of the record reveals the following sequence of events.

Conclusion

The court affirmed the jury's findings regarding causation and punitive damages but reversed the district court's order for remittitur, holding that the jury's award was not excessive and was supported by the evidence.

Affirmed in part and reversed and remanded in part.

Who won?

Kelly O'Gilvie prevailed in the case as the court upheld the jury's findings against Playtex, affirming the substantial damages awarded for the wrongful death of his wife.

We find no ground for disturbing the liability verdict against Playtex.

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