Spruill v. Boyle-Midway, Inc.

Fourteen-month-old Marion William Spruill, Jr., left briefly unattended in his crib, pulled in items from a bureau, including a bottle of Old English Red Oil Furniture Polish. Spruill unscrewed the lid from the glass bottle and consumed a small portion of the bright cherry-red liquid, comprised mostly of mineral seal oil, a toxic substance. Spruill was admitted to the hospital and died two days later from hydrocarbon pneumonia, a chemical pneumonia caused by ingesting a petroleum distillate. Spruill’s mother did not know the product could have injured or killed her child. The mother read the label’s large, colored, all-caps letters stating, “caution combustible,” but had not read the directions. Below the directions in small print was an unobtrusive warning that the product may be harmful if swallowed, especially by children. Spruill’s parents and siblings (plaintiffs) brought a wrongful-death action against manufacturer Boyle-Midway, Incorporated (defendant) and distributor American Home Products Corporation (defendant). The defendants’ expert testified that one teaspoonful of the polish would kill a small child. The defendants knew of at least 32 cases of chemical pneumonia caused by ingesting the polish, resulting in 10 deaths, including four infants. Following a jury trial, judgment was entered for Spruill. The defendants appealed.