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Grillo v. Speedrite Products5/22/2000
Appeal From Richland County Joseph M. Strickland, Special Circuit Court Judge
Heard January 12, 2000
REVERSED AND REMANDED
This personal injury action involves application of the statute of limitations to an alleged toxic exposure case. The circuit court granted summary judgment to Columbia Marking Products, Inc., concluding the three year statute of limitations barred Mark Grillo's causes of action for negligence per se, strict liability, and negligent failure to warn. Grillo appeals. We reverse and remand.
FACTUAL/PROCEDURAL BACKGROUND
Mark Grillo was employed by the Kroger Sav-On food store. As part of his duties, Grillo painted banners and signs for the store one day a week. Kroger purchased Speedrite Instant Dry Ink from Columbia Marking Products, Inc. (CMP), and beginning in February of 1992, Grillo used the Speedrite Ink to paint the store banners. The ink bottle's label did not list its contents. However, the label stated the ink should not be used near open flames and should be used in "well ventilated areas to avoid breathing a heavy concentration of fumes."
In his deposition, Grillo testified he experienced symptoms of dizziness, headache, and euphoria when using the Speedrite Ink. The symptoms were temporary, usually lasting the day he used the product, and often into the next day. He started to affirmatively associate the symptoms with the product in May of 1992. Shortly thereafter, Grillo asked store managers if the Speedrite Ink was safe and whether the store had been given a Material Safety Data Sheet on it. The store did not have the product safety information.
Grillo continued to periodically use the Speedrite Ink until December 14, 1992. On that day, while using the ink, he experienced more pronounced symptoms. Grillo described the symptoms as "stinging and cloudy eyes, ringing in my ears, flushed face, dizziness, feeling faint, bodily tremors, not being able to stand up straight, severe pounding headache." Grillo advised the assistant store manager he would not use the ink again. His symptoms did not subside after this occurrence, but persisted beyond the next day.
On December 19, 1992, Grillo visited a doctor. He previously suffered from and was treated for an anxiety disorder to which he partly attributed his extreme nervousness and headaches. However, Grillo notified the doctor about the ink. He was advised to avoid the product and excused from work for approximately two weeks.
While being examined on January 3, 1993, Grillo showed a bottle of the Speedrite Ink to a different doctor. According to Grillo, this doctor telephoned a poison control office and requested that the office contact Speedrite Products Inc., the manufacturer of the ink. Through this method, Grillo first learned that the toxic substance toluene was an ingredient in the Speedrite Ink. On April 1, 1993, Grillo was diagnosed with acute transient narcosis secondary to toxic solvent exposure.
On December 6, 1995, Grillo served a complaint alleging causes of action for negligence and strict liability against CMP. Specifically, Grillo alleged the label on the Speedrite Ink bottle failed to comply with the Federal Hazardous Substance Labeling Act and failed to adequately warn a user of the dangers associated with the product. As a result, Grillo alleged that he sustained permanent injuries to his immune and nervous systems as a result of exposure to toluene.
The trial court granted CMP's summary judgment motion. The court held Grillo's causes of action were barred under the statute of limitations because Grillo either knew or should have known no later than May of 1992 that he h
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