Jamieson v. Woodward & Lothrop

Marguerite Jamieson (plaintiff) purchased an elastic exerciser manufactured by Helena Rubenstein, Inc. (defendant) from an advertisement in a magazine. The vendor’s salesperson provided no special instructions. While using the exerciser, which was sold under the brand name “Lithe-line,” Jamieson suffered an injury that caused sudden unconsciousness. Jamieson was unsure what had happened, but it seemed that the exerciser had slipped and struck her in the eye. The exerciser consisted of a rubber rope the thickness of a large pencil, approximately 40 inches long, with loops on the ends. Jamieson used the exerciser by laying on the floor with the rope under her feet. She held onto the handles and, with her legs extended, raised her feet straight up, intending to alternate lowering and raising them. The rope, which did not break, apparently slipped off her feet and hit her in the eye, causing her serious injury. Jamieson sued Rubenstein for negligence, claiming that the exerciser was inherently dangerous because when the solid rubber rope was under the tension created by exercise, great striking power was created, and it could slip from one’s foot. No safety or protective device was provided, and Rubenstein had failed to warn of the danger. The district court granted summary judgment to Rubenstein. Jamieson appealed.