$7.75 million verdict reached in district of Minnesota civil case against CRC Industries

Post-Bulletin, Rochester, Minn.
·2 min read

Apr. 30—GRAND FORKS — Robins Kaplan LLP has secured what it believes to be a landmark $7.75 million verdict in a district of Minnesota civil case against CRC Industries.

The law firm, which issued a press release on Monday, April 29, asserted that CRC Industries failed to prevent misuse of its aerosol dust remover products.

The case (David McDougall v. CRC Industries) was filed in 2020, the year after Cynthia McDougal was killed in a Lake of the Woods County crash after a driver who huffed CRC Duster struck her vehicle head-on, the release said.

CRC Duster and other products like it, which are regularly marketed as dust and lint removers, can be abused to get high. When users huff the product, they experience significant impairment effects, according to the release.

"In Minnesota, product manufacturers have a duty to prevent foreseeable misuse of their products," the release said. "This case highlighted the well-known abuse of aerosol dust remover products, like CRC Duster, and CRC Industries' neglect to prevent such abuse."

After a $7.75 million verdict was reached on CRC Industries' liability, a second phase of the trial was held to address the issue of punitive damages. The jury deliberated for seven hours and ultimately did not award punitive damages.

Jury members attached a note to their verdict form that stated they "expect CRC to use this as an opportunity to be a leader in their industry and spearhead an effort to address inhalant abuse."

Robins Kaplan partner and co-lead attorney Philip Sieff said: "This verdict sends a clear message that manufacturers must take responsibility for the foreseeable consequences of their products' misuse. No family should endure the tragic loss suffered by Cynthia McDougall's loved ones, and we will continue to fight for accountability and safety in product manufacturing."

The Herald attempted to review the verdict forms in the case on Tuesday morning, April 30, but they were not yet filed for public access.