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Tort Law Supreme Court Opinion

by Mazur, Catherine

 

SC19835 - Bagley v. Adel Wiggins Group (Product liability; "The issue presented by this appeal is whether, in an action brought pursuant to Connecticut's Product Liability Act (act), General Statutes ยง 52-572m et seq., under strict liability and negligence theories, expert testimony was necessary to prove that a defective, asbestos containing product caused a worker who came in contact with that product to contract a fatal lung disease. The defendant Wyeth Holdings Corporation appeals from the judgment of the trial court rendered following a jury verdict in favor of the plaintiff Marianne Bagley. The jury awarded the plaintiff damages for the wrongful death of her husband, Wayne Bagley (decedent), and for loss of consortium after concluding that the decedent's death was caused by the defendant's negligence and by its sale of an unreasonably dangerous product to the decedent's former employer, Sikorsky Aircraft Corporation (Sikorsky). The defendant claims that the trial court improperly denied its motion for a directed verdict and its motion to set aside the verdict and for judgment notwithstanding the verdict because the 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. We agree and, accordingly, reverse the judgment of the trial court.")