Mclaughlin v. Mine Safety Appliances Co.

11 N.Y.2d 62, 181 N.E.2d 430, 226 N.Y.S.2d 407 (1962)

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Nature of the Case

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Facts

McLauglin (P), an infant of six-years-old, was removed unconscious from a lake after nearly drowning. Heat was needed, so a fireman gave a nurse heating blocks marked by Mine Safety Appliances (D). The blocks were covered in a flocking. The 'heat blocks' small magnesium blocks which used a chemical reaction in the cartridge and to create the heat. The block was covered in its entirety by a red woolen insulating material called 'flocking' which appeared and felt like a 'blanket' or 'flannel' covering or just ordinary 'wool.' Tests made upon the device indicated that the block attained a high surface temperature of 204 degrees Fahrenheit within two minutes after triggering in one case and a high of 195 degrees Fahrenheit within three minutes after triggering in another case. In both cases, after 39 minutes, the blocks retained a temperature of 138 degrees. On the cardboard container, was written 'ALWAYS READY FOR USE,' 'ENTIRELY SELF CONTAINED,' and in much smaller print were the instructions, the last said, 'Wrap in insulation medium, such as pouch, towel, blanket or folded cloth.' The fireman testified that he had been warned that the blocks needed to be insulated when he attended a training session five years earlier. He testified that he told the nurse about the need for insulation. The nurse applied the blocks directly to P’s body while the fireman, who had activated the blocks, stood next to her and watched. P's aunt did not hear any warning from the fireman. P received third-degree burns from the blocks. A verdict was returned in favor of P in the sum of $17,500, and in favor of her father in the sum of $2,500. The Appellate Division unanimously reversed and ordered a new trial, unless the infant plaintiff stipulated to reduce the verdict in her favor to $10,000, and her father stipulated to reduce the verdict in his favor to $1,000, in which event the judgment was to be affirmed as modified. Final judgment was entered. D appealed.