Obtained $7.75 Million Jury Verdict Against Manufacturer of Aerosol Dust Remover Products Following Fatal Vehicle Crash

April 29, 2024

McDougall v. CRC Industries, Inc. et al. No. 20-1499 (D. Minn. 2023)

The Robins Kaplan trial team secured a groundbreaking $7.75 million verdict against CRC Industries, Inc., a manufacturer of aerosol dust remover products. This is believed to be the first known case against a dust remover manufacturer that has been tried to a plaintiff verdict.

The litigation stemmed from a tragic vehicle crash in 2019 where our client’s wife was killed after her car was struck by a driver who was impaired from huffing CRC Duster. Inhaling this product can cause dramatic impairment effects from the chemical used as a propellant.  The case focused on the well-known abuse of aerosol dust remover products, such as CRC Duster, and CRC Industries’ responsibility for the foreseeable consequences of their products' misuse.

The jury's deliberation followed a tough legal battle, enduring motions to dismiss and for summary judgment, along with several Daubert challenges. The initial trial lasted seven days, featured 15 witnesses, and concluded with roughly 10 hours of deliberations. The jury ultimately found CRC responsible for the entire verdict amount due to the driver's intentional misconduct and emphasized CRC’s need to lead efforts against inhalant abuse.

Past results are reported to provide the reader with an indication of the type of litigation we practice. They do not and should not be construed to create an expectation of result in any other case, as all cases are dependent upon their own unique fact situation and applicable law.
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Tara D. Sutton

Partner

Chair, National Mass Tort Group

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