Major v. Security Eq CorpAnnotate this Case
Plaintiff-Appellant Billie Jo Major sued Security Equipment Corporation (SEC) alleging that the company failed to provide adequate warning to her employer, the Idaho Department of Corrections (IDOC), on the risks of its oleoresin capsicum pepper spray. Plaintiff alleged that the use of the spray in a training exercise worsened existing bronchial difficulties and caused her permanent injury. The district court granted partial summary judgment to SEC on the grounds that plaintiff failed to create a material issue of fact on whether her injuries were a known or foreseeable risk prior to March 2008 (the date of sale to IDOC). In a motion to reconsider, plaintiff submitted a second affidavit from her expert which was declared a sham affidavit by the district court in its denial of the motion. The district court later granted summary judgment to SEC on the sole remaining issue, the viability of plaintiff's claim under the Federal Hazardous Substances Act (FHSA). Upon review, the Supreme Court disagreed with the district court, vacated its judgment, and remanded the case for further proceedings.