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Products Liability Keyed to Fischer, 6th Ed.
Best v. Lowe’s Home Centers, Inc.
Citation:
563 F.3d 171 (2009)Facts
In June 2003, David Best visited a Lowe’s store in Knoxville, Tennessee to purchase swimming pool chemicals. When he lifted a container of Aqua EZ Super Clear Clarifier, the contents splashed onto his face and clothing due to a puncture in the container caused by a Lowe’s employee. Best went to the emergency room that day and four months later sought treatment from Dr. Francisco Moreno, an otolaryngologist with a background in chemical engineering. Best reported irritation, burning, nasal drainage, dizziness, and eventual complete loss of smell. Dr. Moreno administered the University of Pennsylvania Smell Identification Test (UPSIT), confirming Best’s anosmia. After reviewing Material Safety Data Sheets for the chemical, which indicated it was hazardous and irritating to mucous membranes, Dr. Moreno concluded through differential diagnosis that the chemical exposure caused Best’s anosmia by ruling out other potential causes such as viruses, accidents, brain tumors, brain surgery, and medications.
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