Bifolck v. Philip Morris, Inc.
Connecticut Supreme Court
152 A.3d 1183 (2016)
- Written by Tanya Munson, JD
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.)
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