Glodzik v. Whink Products Co.

NEALON, J.,

The manufacturer of a rust stain remover containing hydrofluoric acid which severely injured the plaintiff has filed a motion for summary judgment seeking the dismissal of: (1) all tort claims on the grounds that plaintiff allegedly misused the product without gloves; (2) plaintiff’s failure-to-wam claim *243which is purportedly preempted by the Federal Hazardous Substances Act (FHSA); and (3) plaintiff’s claim for punitive damages. Since reasonable minds could differ as to whether plaintiff’s actions constituted unforeseeable, outrageous or extraordinary misuse, the defendant is not…