CHICAGO — A woman is suing North American Polymer Company Ltd., citing alleged design defect and loss of consortium.
Wendy Hartley, special administrator of the estate of Kevin Hartley, filed a complaint on April 26 in Cook County Circuit Court, alleging the defendant failed to design, manufacture, distribute and sell a bathtub refinishing product that was safe to use.
According to the complaint, the plaintiff alleges that her son, Kevin Hartley, was using NAPCO White Lightning Low Odor Stripper to refinish a bathtub at an apartment complex in Nashville on April 27, 2017. He allegedly was overcome by fumes from methylene chloride and rendered unconscious and died even though he allegedly was wearing a respirator mask and gloves.
Peter Tarpey
As a result, Wendy Hartley and her family allegedly suffered a substantial pecuniary loss, including the loss of society and companionship of their family member.
The plaintiff holds the defendant responsible for allegedly failing to adequately warn users about the dangers posed by exposure to methylene chloride and for allegedly failing to adequately test its product to ensure that it was safe.
The plaintiff requests a trial by jury and seeks judgment for damages in an amount that exceeds the jurisdictional limits of the court. She is represented by Peter D. Tarpey and Eric D. Jones of Tarpey, Jones & Schroeder LLC in Chicago.
Cook County Circuit Court case number 18-L-4262