CHARLESTON – A Kanawha County woman claims a defective product she was using to make dip stuffed scented bears caused a variety of respiratory problems.
Margie R. Durham is suing Southern Candles Company, doing business as Tri-State Candle Making Supply, and International Fragrance & Technology, the manufacturer of Ball of Wax, Scented Liquid.
In the lawsuit, filed Dec. 12 in Kanawha Circuit Court, Durham claims she was making dip stuffed scented bears on Jan. 10, 2004, when "as a result of the defective nature of the product it caused without limitations the following injuries to the plaintiff Respiratory Problems, Asthma, Low Oxygen Level, Pneumonia, Parapha-influenza."
The suit doesn't provide details about what happened to Durham to cause the injuries, but it does say she had used the product previously.
She claims the incident caused severe and permanent injuries.
Also, the suit – filed by attorneys J. Michael Ranson, Cynthia M. Ranson and G. Patrick Jacobs – says Durham has been required to expend large sums of money for medical and hospital treatment because of the permanent and lasting effect of the injuries and has endured pain and suffering, mental anguish and emotional distress, annoyance and inconvenience and the loss of ability to enjoy life.
In addition, the suit says the incident caused loss of earnings and earning capacity for Durham.
Seeking a jury trial, Durham wants a judgment jointly and severally for compensatory and general damages as well as costs, attorney fees and other relief allowed.
The case has been assigned to Circuit Court Judge Paul Zakaib.
Kanawha Circuit Court case number: 05-C-2695