McLaughlin v. Mine Safety Appliances Co.

Six-year-old Frances McLaughlin (plaintiff), rescued unconscious from a near-drowning, was treated by a nurse who applied heat blocks distributed by Mine Safety Appliances Company (MSAC) (defendant); two firemen had removed the blocks from their packaging (which carried a warning that additional insulation was needed before use) before handing them to the nurse, who applied them directly, causing McLaughlin third-degree burns. At trial, fireman Paul Traxler testified he had personally been trained by MSAC on the need for additional insulation, yet the jury was instructed to find MSAC liable if it was merely foreseeable that a third party might obtain the blocks without the warning; the jury found for McLaughlin, and MSAC appealed the jury instruction as erroneous.