High v. Westinghouse Electric Corp.
Supreme Court of Florida
610 So. 2d 1259 (1992)
Westinghouse (defendant) built electrical transformers using PCB-containing chemicals from Monsanto and sold them to Florida Power and Light, which later sold worn-out transformers for scrap to Pepper's Steel; Monsanto had warned Westinghouse in 1972 that PCBs were non-biodegradable and potentially harmful, but Westinghouse did not warn FPL of the PCB content until 1976. Willie High (plaintiff), a Pepper's truck driver who loaded and transported many of these transformers from 1965 to 1983, developed mental and physical health problems and sued Westinghouse on strict liability and negligence theories; the trial court granted Westinghouse summary judgment on both claims, the appellate court affirmed, and High appealed.
Whether a manufacturer has a duty to warn of dangerous contents in its product that could cause injury even for dangers that arise when the product is not being used for its intended purpose.