Wayne Watson of Denver, Colorado, enjoyed popcorn. He enjoyed it so much that for a period of ten years he would eat two bags of microwaved popcorn each evening.
Watson developed what is known as microwave popcorn lung. A condition similar to lung cancer caused by smoking and mesothelioma caused by asbestos. Watson is suffering. He cannot work. He soon will die. His suffering and death caused by the fumes arising from the artificial butter in microwave popcorn.
A jury agreed such was the case. The jury recently awarded Watson $7.2 million.
Turns out microwave popcorn, prior to this lawsuit of course, contained a chemical called diacetyl. A toxic substance known to cause an illness similar to lung cancer. An individual develops popcorn lungs when fumes from the heated popcorn containing diacetyl are inhaled.
Watson is going to die. Life has a court room value. However, $7.2 million on its face appears excessive. Not in Watson's case.
The manufacturer of the microwave popcorn had known for several years of the dangerous implications of inhaling the butter flavorer containing diacetyl. The knowledge was obtained from the numerous Worker Compensation cases brought by their employees who had inhaled diacetyl fumes while working to make the microwave popcorn.
Once a manufacturer has knowledge of the dangerous propensities of its product, it is obligated under law to cease and desist in its manufacture. The manufacturer is also required, if he is stupid enough to continue to knowingly produce the product, to place a warning on the label of its product of the product's dangerous propensities. Similar to the warning on a pack of cigarettes.
In this instance, the manufacturer did neither. It knowingly continued to manufacture the microwave popcorn containing the diacetyl and at the same time failed to provide the consumer with any warning.
The $7.2 million verdict was divided into two parts.
Watson received $2.2 million for his pain, suffering and and all direct ramifications of the inhalation. This is known as compensatory damages. The law allows a wronged person to collect money for all damages directly flowing from the wrong doing of the manufacturer.
The remaining $5 million was awarded Watson as punitive damages. When a manufacturer does something so bad as to shock the conscience of the community, the manufacturer must pay an additional amount by way of penalty. It is a warning to the manufacturer that it should not have done what it did. In Watson's case, (1) knowingly continuing to manufacture the microwave popcorn with knowledge it was dangerous and (2) further failing to warn it's inherent danger stretches matters beyond credulity.
The manufacturer was penalized for its egregious wrongdoing. The huge punitive award is punishment to the wrongdoer and warning to the rest of the world not to do things such as occurred in the instant case.
A lot of good the $7.2 million is going to do Watson.The manufacturer has the case on appeal. By the time the appeals process is exhausted, Watson will be long dead.
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