Rocchetti v. Lowe's Home Centers, Inc., 1:12-cv-07447

Plaintiff Frankie Rocchetti sues Lowe's Home Centers, Inc. and Gorilla Glue Company in SDWV after purchasing Gorilla Tape and allegedly developing a chronic skin condition.
Defendants moved for summary judgment on Sept. 11, 2013; Roseboro notice issued; Rocchetti responded Oct. 9, 2013; replies followed.
Rocchetti alleges the tape is toxic, with no warnings, causing blistering and long-term injury; claims labeling and warnings were inadequate.
Defendants contend Gorilla Tape is not defective, cannot cause the alleged injury, and was not intended for skin application; expert testimony is needed for labeling issues.
Two defense experts, Dr. Richard and Dr. Capito, opined the tape did not cause the condition; Rocchetti lacks expert testimony linking causation.
Judge recommends granting summary judgment, finding no genuine issue of material fact on causation or failure to warn.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Causation between tape and injury	Rocchetti asserts tape caused rash; Poison Control materials support causation.	Gorilla Tape did not cause injury; no reliable expert causation evidence.	No genuine issue; Defendants entitled to judgment
Failure to warn labeling	Tape lacked skin-use warnings; mislabeling rendered product unsafe.	No duty to warn for skin use; label not required for this misused application.	No genuine issue; Defendants entitled to judgment

Celotex Corp. v. Catrett, 477 U.S. 317 (U.S. 1986) (summary judgment standards; burden shifts)
Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574 (U.S. 1986) (ultimate fact-based inference standards)
Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (U.S. 1986) (summary judgment summary judgment standard)
Ilosky v. Michelin Tire Corp., 172 W.Va. 435 (W.Va. 1983) (failure-to-warn doctrine in WV)
Morningstar v. Black & Decker Mfg. Co., 162 W.Va. 857 (W.Va. 1979) (danger arising from failure to warn)
King v. Kayak Mfg. Corp., 182 W.Va. 276 (W.Va. 1989) (advertising/promotional materials as evidence of intended use)
Atkinson v. Harman, 158 S.E.2d 169 (W.Va. 1967) (causation principle in product liability)