Daughetee v. CHR. Hansen, Inc., No. C09-4100-MWB, 2013 U.S. Dist. LEXIS 30464 (N.D. Iowa Mar. 6, 2013)

(plaintiff brought negligence and breach of implied warranty claims against manufacturer of butter flavoring used in producing microwave popcorn after she contracted lung disease allegedly from exposure to butter flavored microwave popcorn; butter flavoring contained diacetyl which has been linked to lung disease and plaintiff had a pattern of eating two bags of popcorn per day; defendants’ motions for summary judgment before the court; court denied motions to dismiss negligence in the failure to warn of the danger of diacetyl due to questions of fact regarding knowledge of danger posed; court also denied motion because expert witnesses could establish question of fact regarding proximate cause of lack of warning and plaintiff’s injuries; motions denied for inadequate warnings as a defect, but granted regarding a claim of “design defect” because no evidence established alternative production without diacetyl; motion granted for one defendant based on expired statute of repose; motions denied regarding punitive damages due to factual questions raised regarding knowledge of danger and when it was known).