Justia Products Liability Opinion Summaries

Articles Posted in Connecticut Supreme Court
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In this action to recover damages for personal injuries resulting from an allegedly defective product the Supreme Court reversed the judgment of the trial court granting summary judgment in favor of Defendants, holding that the amendment to the statute of repose in Number 17-97 of the 2017 Public Acts (P.A. 17-97) retroactively applied to Plaintiff's claims.On appeal, Plaintiff argued that the statute of repose applied to her product liability claims is unconstitutional because it creates two classes of claimants - employees subject to a ten-year statute of repose and nonemployees not subject to the statute of repose if the claimant shows the product was within its useful safe life when the injury occurred. While Defendants' motions for summary judgment were pending the legislature enacted P.A. 17-97, which combined the two classes of claimants by removing the limitation provision applicable to employees. The trial court concluded that P.A. 17-97 was not retroactive and applied the ten-year statute of repose to bar Plaintiff's claims. The Supreme Court reversed, holding that the amendment to the statute of repose in P.A. 17-97 retroactively applied to Plaintiff's claims. The Court remanded to determine whether there is a genuine issue of material fact as to whether the injury occurred during the safe life of the product. View "King v. Volvo Excavators AB" on Justia Law

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The Supreme Court reversed the judgment of the trial court for Plaintiff in this action brought pursuant to Connecticut’s Product Liability Act under strict liability and negligence theories, holding that Plaintiff failed to prove both that the product at issue was unreasonably dangerous and that it was a legal cause of the decedent’s fatal lung disease. In the complaint, Plaintiff alleged that the decedent was exposed to asbestos-containing products while working for Defendant and that Defendant’s actions in selling such asbestos-containing products constituted violations of the Act. After Plaintiff rested her case, Defendant moved for a directed verdict. The trial court denied Defendant’s motion as well as Defendant’s motion to set aside the verdict and for judgment notwithstanding the verdict following the jury’s verdict in Plaintiff’s favor. The Supreme Court reversed, holding that there was insufficient evidence to show that the product at issue was dangerous or that it was a legal cause of the decedent’s mesothelioma, and therefore, the trial court improperly denied Defendant’s motion for a directed verdict and motion to set aside the verdict and for judgment notwithstanding the verdict. View "Bagley v. Adel Wiggins Group" on Justia Law