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SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
FORM 8-K
CURRENT REPORT
PURSUANT TO SECTION 13 OR 15(D) OF
THE SECURITIES EXCHANGE ACT OF 1934
MAY 2, 1995
Date of Report (Date of earliest event reported)
DELL COMPUTER CORPORATION
(Exact name of Registrant as specified in its charter)
DELAWARE
(State or other jurisdiction of incorporation)
0-17017 74-2487834
(Commission File No.) (IRS Employer Identification Number)
2112 KRAMER LANE, BUILDING 1
AUSTIN, TEXAS 78758-4012
(512) 338-4400
(Address of Principal Executive Offices)
NOT APPLICABLE
(Former name or former address, if changed since last report)
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ITEM 5. OTHER EVENTS.
Certain Legal Proceedings
As of May 15, 1995, the Company has been named as a defendant in 27
repetitive stress injury lawsuits, most of which are in New York state courts or
United States District Courts for the New York City area. Several are in state
courts in New Jersey. One is in the Federal District Court for the Eastern
District of Pennsylvania, and one is in Federal District Court in Kansas. The
allegations in all of these lawsuits are similar. Each plaintiff alleges that he
or she suffers from symptoms generally known as "repetitive stress injury,"
which allegedly were caused by the design or manufacture of the keyboard
supplied with the computer the plaintiff used. The Company has denied or is in
the process of denying the claims and intends to vigorously defend the suits.
The suits naming the Company are just a few of many lawsuits of this type that
have been filed, often naming Apple, Atex, Compaq, IBM, Keytronic and other
major suppliers of keyboard products. The Company currently is not able to
predict the outcome of these suits. It is possible that the Company may be named
in additional suits. Ultimate resolution of the litigation against the Company
may depend on progress in resolving this type of litigation overall. However,
the Company does not believe that the outcome of these matters will have a
material adverse effect on the Company's financial condition or results of
operations.
In March 1995, the Company was named along with twelve other personal
computer and/or computer monitor manufacturers in a complaint filed by the
District Attorney for Merced County, California. The complaint alleges that each
of the defendants has engaged in false and/or misleading advertising with regard
to the size of computer monitor screens and seeks unspecified damages and
injunctive relief. In May 1995, several other district attorneys in other
California counties joined this lawsuit as co-plaintiffs. The Company is
vigorously contesting the allegations of the complaint and does not believe that
the litigation of the complaint or its outcome will have a material adverse
effect on the Company's financial condition or results of operations.
As of May 2, 1995, the Company was named, along with two other personal
computer manufacturers and one computer monitor vendor, in a class action
complaint filed in the California Superior Court for Marin County. The complaint
alleges that each of the defendants has engaged in false and/or misleading
advertising with regard to the size of computer monitor screens. The plaintiffs
seek restitution in the form of refunds or product exchange, damages, punitive
damages and attorneys' fees. The Company plans to vigorously contest the
allegations of the complaint. This litigation is currently at a preliminary
stage and no discovery has occurred to date. As such, it is too early for the
Company to adequately evaluate the likelihood of the plaintiffs prevailing in
their claims. There can be no assurance that an adverse determination in this
litigation would not have a material adverse effect on the Company's financial
condition or results of operations.
For additional information about a Federal Trade Commission inquiry and a
State of California Attorney General investigation into the Company's
advertising and marketing claims regarding monitor screen sizes, see Item 3 of
the Company's Annual Report on Form 10-K for the fiscal year ended January 29,
1995.
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SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, the
registrant has duly caused this report to be signed on its behalf by the
undersigned hereunto duly authorized.
DELL COMPUTER CORPORATION
By: /s/ THOMAS B. GREEN
Thomas B. Green
General Counsel and Secretary
Date: June 1, 1995
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