Gibson v. Wal-Mart Stores, Inc.
United States District Court for the Western District of Virginia
189 F. Supp. 2d 443 (2002)
- Written by Tanya Munson, JD
Facts
Sally Gibson and Silas Gibson (plaintiffs) were shopping at a Wal-Mart Store (Wal-Mart) (defendant) when a container of lighter fluid spilled onto Mrs. Gibson when she attempted to remove it off a shelf. The lighter fluid spilled onto Mrs. Gibson’s clothes and into her mouth. Mrs. Gibson swallowed some of the lighter fluid and was unable to speak. A Wal-Mart employee contacted a hospital and was directed to call poison control. Poison control directed the employee to give Mrs. Gibson water to drink. The employee then had Mrs. Gibson complete an incident report. The employee did not call an ambulance, and Mr. Gibson drove Mrs. Gibson to the hospital. Mrs. Gibson alleged violations of the Toxic Substances Control Act (TSCA). Mrs. Gibson also alleged negligent product design, manufacture, and marketing against R.W. Packaging (defendant), the maker of the lighter fluid, and Wal-Mart. Additionally, Mrs. Gibson alleged Wal-Mart negligently breached its duty to care for her after the accident. R.W. Packaging and Wal-Mart moved for summary judgment.
Rule of Law
Issue
Holding and Reasoning (Williams, J.)
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