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Failure to monitor sales of nitrous oxide
April/May 2024Marissa Politte, 25, was standing outside her workplace when Trenton Geiger—who was allegedly under the influence of nitrous oxide—passed out behind the wheel and fatally struck her, pushing her through the front door of a building. Politte is survived by her parents.
They sued United Brands Products Design Development and Marketing, Inc., d/b/a United Brands Corp., which manufactured, designed, or distributed the nitrous oxide cartridges known as “Whip-Its,” which were allegedly found in Geiger’s vehicle; Coughing Cardinal, LLC, the product retailer; and Geiger. The plaintiffs asserted that United Brands marketed and distributed nitrous oxide for inhalant use and failed to monitor the sales of the product. Suit also alleged Coughing Cardinal negligently promoted the inhalation of nitrous oxide and failed to maintain adequate policies and procedures regarding its sale. Finally, the plaintiffs argued that Geiger had negligently inhaled nitrous oxide before the incident, causing him to drive off the roadway.
The jury awarded the plaintiffs $745 million, apportioning liability at 70% to United Brands Corp.; 20% to Coughing Cardinal, LLC; and 10% to Geiger. The award includes $700 million in punitive damages against United Brands and $25 million in punitive damages against Coughing Cardinal.
Citation: Chaplin v. Geiger, No. 20SL-CC06071 (Mo. Cir. Ct. St. Louis Cnty. Sept. 18, 2023).
Plaintiff counsel: AAJ members David L. Grebel, Mark R. Niemeyer, John M. Simon, and John G. Simon; and Patrick A. Hamacher, all of St. Louis.