McCormack v. Hankscraft Co.

In 1960, the mother of three-year-old Andrea McCormack (plaintiff) purchased an electric Hankscraft steam vaporizer manufactured by Hankscraft Company, Inc. (Hankscraft) (defendant), to be used as a humidifier. To operate the vaporizer, a user would fill a glass jar with nearly one gallon of water, place the jar in an aluminum pan, and place a plastic cap with a heating element on the jar. The cap did not screw onto the jar, so the water would spill out of the jar if the vaporizer was tipped over. The instruction booklet that accompanied the vaporizer represented that the unit was “safe” and “practically foolproof.” The booklet also showed a picture of the vaporizer sending steam over a baby's crib. However, the booklet failed to disclose that the water temperature in the unit reached scalding levels. The booklet also failed to provide any warning regarding the probable dangers from upset of the unit. Mrs. McCormack read the booklet “cover to cover.” Mrs. McCormack placed the vaporizer on a kitchen stool about four feet from Andrea’s bed and turned the vaporizer on for overnight use. During the night, Andrea got out of bed to use the restroom and knocked over the unit, causing 211-degree water to be spilled on her. Andrea suffered severe and permanent burns on more than 30 percent of her body, including third-degree burns on her chest, shoulders, and back. Andrea's father (plaintiff) filed suit on Andrea's behalf against Hankscraft for negligence in its failure to warn of the inherent dangers of the vaporizer and in its adoption of an unsafe design. At trial, a jury found for the McCormacks and awarded $150,000 in damages. However, the trial court granted Hankscraft’s motion for a judgment notwithstanding the verdict and granted a conditional new trial. The McCormacks appealed.