Quimbee logo
DMCA.com Protection Status

Bifolck v. Philip Morris, Inc.

152 A.3d 1183 (2016)

Case BriefRelatedOptions
From our private database of 34,000+ case briefs...

Bifolck v. Philip Morris, Inc.

Connecticut Supreme Court

152 A.3d 1183 (2016)

Facts

Vincent Bifolck’s (plaintiff) wife, Jeanette Bifolck, died from lung cancer at the age of 42. Mr. Bifolck brought an action against Philip Morris, Inc. (Morris) (defendant), alleging that the Marlboro and Marlboro Light cigarettes manufactured by Morris were defectively designed and caused Mrs. Bifolck’s lung cancer and subsequent death. Mr. Bifolck’s complaint asserted a products-liability claim and set forth allegations in support of a theory of strict liability. Mr. Bifolck alleged that Morris’s cigarettes were defective and unreasonably dangerous. Connecticut courts had adopted § 402A of the Restatement (Second) of Torts that imposed liability for defective products that are unreasonably dangerous. The courts had also adopted comment (i) to § 402A, which defined an unreasonable danger in relation to consumer expectations. Morris argued that the court should consider the claims under the Restatement (Third) of Torts because it is more consistent with caselaw and litigation practices. Mr. Bifolck argued that the court should not abandon the Second Restatement approach because doing so would have a detrimental effect on injured consumers. The court considered whether to adopt the Third Restatement.

Rule of Law

Issue

Holding and Reasoning (McDonald, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 608,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 608,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 34,000 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 608,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 34,000 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership