TorkLaw Update: Massive $745M Verdict in Nitrous Oxide Car Accident Tragedy
A tragic accident involving nitrous oxide inhalation led to a Missouri jury granting an astounding $745 million in compensation to the grieving parents of a young woman. This case underlines the importance of corporate responsibility and highlights the potentially devastating outcomes of substance misuse.
Marissa Politte, a radiant 25-year-old, had just left her place of work at the Ballwin Total Access Urgent Care in St. Louis County on October 18, 2020, when the unthinkable occurred. An SUV, driven by 20-year-old Trenton Geiger, plowed into her as she walked on the sidewalk. The direct cause? Geiger lost consciousness after inhaling nitrous oxide from canisters under the brand name Whip-It!, which he had bought from a local smoke shop.
The central issue during the intense two-week trial was if the company distributing Whip-It! had been in cahoots with the smoke shop, knowingly providing a product intended for illegal recreational use. The evidence was stacked against them, as investigations revealed that Geiger discarded Whip-It! canisters in the woods post-accident.
For Marissa’s parents, Karen Chaplin and Jason Politte, the gaping void left by the loss of their daughter, an accomplished radiologic technologist, is immeasurable. Their attorney, Johnny M. Simon, poignantly remarked, “This isn’t just about the money. No amount can replace the moments they’ve lost with their beloved daughter. But, this verdict sends a strong message about holding those accountable who profit from potentially dangerous products.”
While Whip-It! is technically a food propellant for culinary uses like whipped cream, the trial’s revelations showed a significant chunk of its sales directed to smoke shops, often for unintended uses. The jury eventually deemed the distributor, United Brands Products Design Development, 70% liable. The smoke shop bore 20% of the blame, and Geiger was held 10% responsible.
The evidence was damning. A former employee from United Brands testified that a massive three-quarters of their product found its way to smoke shops. Further evidence showcased company’s emails with the smoke shop workers and marketing campaigns aimed squarely at young individuals frequenting concerts and parties. The mounting evidence included past records of fatalities and injuries tied to product abuse.
United Brands’ defense argued their lack of responsibility, drawing parallels between their situation and alcohol manufacturers’ roles in DUI accidents. However, the jury’s verdict spoke volumes.
Currently, it’s uncertain if United Brands will appeal. Meanwhile, Geiger, now 23, acknowledged his guilt to second-degree involuntary manslaughter, among other charges. He has been sentenced to two years in prison.
Thomas Magee, representing Geiger, lamented that his client was ensnared in a deceptive belief that his actions were innocuous. This tragic event serves as a dire warning about the lethal mix of driving and substance misuse.
