Building on the landmark $7.75 million verdict secured in April 2024, Robins Kaplan LLP has achieved a total judgment of nearly $10.5 million against CRC Industries for failing to prevent the foreseeable misuse of its aerosol dust remover products.
The judge presiding over the case recently upheld the jury’s conclusion that CRC Industries' design of its aerosol duster product created foreseeable risks, contributing to the 2019 death of Cynthia McDougall. McDougall was killed when a man, who had huffed CRC Duster, crashed into her car head-on. CRC Industries remains responsible for the entire verdict and post-verdict amount, due to the driver’s intentional misconduct. A request for a new trial by CRC Industries has been denied.
Products like CRC Duster, which are usually marketed as a dust and lint remover, are commonly abused for its intoxicating effects. When huffed, users experience extreme impairment from the chemical used as a propellant. In Minnesota, product manufacturers have a duty to prevent foreseeable misuse of their products. This case highlighted the well-known abuse of aerosol dust remover products, like CRC Duster, and CRC Industries’ neglect to stop such abuse.
Robins Kaplan’s National Mass Tort Group Chair and co-lead attorney Tara Sutton said, "This was the first time a case focused on aerosol duster abuse went to trial. This verdict is a clear statement that manufacturers can no longer ignore the real dangers created by their aerosol dust remover products.”
Robins Kaplan partner and co-lead attorney Philip Sieff added, “No one should ever have to endure the type of loss experienced by Cynthia McDougall’s family. We remain committed to holding companies like CRC Industries accountable for their actions and will continue to fight for justice in the face of such preventable tragedies."
The Robins Kaplan trial team also included attorneys Michael Reif, Rashanda Bruce, and Julie Reynolds.
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