Edwards v. California Chemical Co.

Ivy Edwards (plaintiff), who was illiterate, took care of the golf course grounds at Boca Raton Hotel and Country Club. Following use of the insecticide Ortho Standard Lead Arsenate, Edwards became ill from arsenic poisoning. Lead arsenate, which is highly toxic, can be absorbed into the body by inhalation, contact with unbroken skin, and ingestion. Safe use of the product requires protective clothing and a respirator. The product bag contained on one side a long list of specific and detailed instructions for use against different types of insects and on 10 different types of plants, including golf greens. The instructions included the proportion of arsenate and water for a particular insect, what stage of growth to apply it, how to mix it, and so forth. The other side of the bag stated that the product was poison, included skull and crossbones images, and warned not to get the product on the skin, inhale it, or ingest it. The label did not state a respirator and protective clothing were required for safe use. Edwards brought a negligence action against the manufacturer, California Chemical Company (defendant), and the distributor, Hector Supply Co. (defendant), citing their failure to warn of the need for the use of a respirator and protective rubber or neoprene clothing. The trial court entered summary judgment against Edwards. Edwards appealed.