Hutchinson
Hutchinson v. Revlon Corp.
Opinion
Opinion
Kaus, J.
Plaintiff appeals from a judgment in defendants’ favor. Trial was to a jury. All issues on appeal relate to the instructions.
Pacts
On September 8, 1961, plaintiff asked her daughter to buy her a bottle of “Hi and Dri,” a deodorant manufactured and marketed by defendant which plaintiff had seen advertised on television. It was a very warm day; plaintiff was perspiring rather profusely; she was dressing to go to a business luncheon meeting; she applied the “Hi and Dri” under her arms and under her breasts. It was the first time she had used this particular brand of deodorant and the first time she had ever used any deodorant under her breasts.
About 15 minutes after application of the “Hi and Dri” the area under plaintiff’s breasts began to “tingle” and was uncomfortable. Approximately one-lialf hour later the discomfort became more severe. She examined the affected area and found it was ‘ quite red, angry looking ...” She showed the area to her daughter and then sponged it off with warm water. She experienced some relief but some pain persisted and the area remained red and became progressively more painful throughout the day.