$745 millionVerdict

$745 Million Verdict Against Nitrous Oxide Distributor and Head Shop After Crash Killed a 25-Year-Old

Verdict · St. Louis County Circuit Court · 2023

After trial: The verdict was not overturned. The companies settled after the verdict for $5 million, as reported by the St.

Won by The Simon Law Firm.

A St. Louis County jury returned a $745 million verdict against nitrous oxide distributor United Brands and local head shop Coughing Cardinal after finding the companies conspired to sell Whip-It! canisters as an inhalant to a driver who passed out behind the wheel and fatally struck 25-year-old Marissa Politte outside her workplace.

What happened

On October 18, 2020, Marissa Politte finished her shift as a radiologic technologist at Ballwin Total Access Urgent Care on Clarkson Road in St. Louis County and walked to her car. Trenton Geiger, then 20 years old, had been inhaling nitrous oxide from Whip-It! cartridges while driving. He lost consciousness and his SUV struck her. She was 25 years old.

Geiger had purchased the cartridges at Coughing Cardinal, a St. Louis County head shop in Des Peres. Evidence at trial showed the shop moved nitrous oxide cartridges by the tens of thousands, a volume the plaintiffs argued was impossible to explain as culinary whipped-cream use. Prosecutors later brought a criminal case against Geiger: he pleaded guilty to second-degree involuntary manslaughter and was sentenced to two years in prison in March 2023.

The civil case targeted the supply chain. Whip-It! is manufactured and distributed by United Brands Products Design Development and Marketing, Inc., a California corporation that markets the product as a food-grade propellant for whipped cream dispensers. Attorneys for the Politte family argued that United Brands and Coughing Cardinal did not simply sell a legal product that was later misused. They argued the companies operated a deliberate distribution network, supplying retailers they knew were selling the cartridges to customers who intended to inhale them.

Johnny M. Simon of The Simon Law Firm, working alongside co-counsel from Niemeyer, Grebel and Kruse, presented that theory to the jury. After trial, the jury apportioned fault at 70 percent to United Brands, 20 percent to Coughing Cardinal, and 10 percent to Geiger. The damages award broke down as $20 million in compensatory damages against United Brands and $725 million in punitive damages split between the two companies, $700 million against United Brands and $25 million against Coughing Cardinal, for a combined total of $745 million.

The verdict, returned in September 2023, was one of the largest wrongful death awards in Missouri history. The case later resolved through a post-verdict settlement: the St. Louis Post-Dispatch reported on April 30, 2024 that the two companies agreed to pay $5 million to Politte's parents, far below the $745 million jury award.

Sources

This account is drawn from contemporaneous public reporting and the court record.

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