SAN DIEGO (CN) - A San Diego adult store killed a man's husband by selling him a gasoline additive as a "Maximum Impact" sexual enhancement inhalant, the survivor claims in court.
Jamie Atkinson says he came home on the afternoon of Oct. 22, 2014 to find an open bottle of "Maximum Impact" next to his unconscious husband, John William Davidson. Davidson died that day at 36.
Atkinson sued Crypto Technology Corp. dba The Crypt, a San Diego sex shop, and Pennsylvania-based AFAB Industrial Services, on Aug. 13 in Superior Court.
The active ingredient in Maximum Impact is ethyl chloride, according to the lawsuit. It has been used as an anti-knock compound in gasoline, a refrigerant, a propellant in aerosol sprays, a cleaner for electronic components, a thickener and binder for paint - and as a recreational inhalant. Inhaling concentrations greater than 15 percent can be fatal. Though it is sold in greater concentrations in aerosol sprays, its rapid dissolution in air, presumably, wards off death.
Atkinson claims his husband died just after he bought the drug from The Crypt, and used it.
"The same day, Mr. Davidson alone in his home, with no one else present, inhaled 'Maximum Impact' during a sexual act," the complaint states.
"Several hours later, Mr. Davidson's spouse, plaintiff Mr. Atkinson, arrived home and discovered Mr. Davidson unconscious, unresponsive and not breathing. Mr. Atkinson immediately telephone 911. Responding paramedics observed signs of lividity and rigor and determined that Mr. Davidson had died."
San Diego Police responding to a 911 call found an open, silver canister of Maximum Impact and its black plastic cap lying next to Davidson, along with a black plastic bag and a receipt from The Crypt, dated Oct. 22 at 1:35 p.m., according to the complaint.
The San Diego Office of the Medical Examiner determined Davidson's death was "caused by ethyl chloride toxicity."
Atkinson says The Crypt sold its product "as an inhalant to be sold to consumers for use to enhance sexual pleasure."
It continues to also be sold through adult stores and is available on the Internet for as low as $16.
"Defendant Crypto does not sell any products reasonably related to the maintenance of electronic components. Crypto orders, carriers, and sells 'Maximum Impact' knowing and intending that its patrons will use 'Maximum Impact' as an inhalant," Atkinson says in the complaint.
The Crypt does not have a working phone number and could not be reached for comment Monday.
Atkinson seeks punitive damages for wrongful death, negligence and product liability.
He is represented by Leif Kleven.
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