ELLIOT v. SEARS, ROEBUCK & CO.

(14764)

229 Conn. 500 (1994)

STEVEN ELLIOT ET AL. v. SEARS, ROEBUCK AND COMPANY

Supreme Court of Connecticut.

Decision released May 31, 1994.


Attorney(s) appearing for the Case

Philip T. Newbury, Jr., for the appellant (defendant).

John J. Nazzaro, with whom, on the brief, was Robert I. Reardon, Jr., for the appellees (plaintiffs).

BORDEN, BERDON, NORCOTT, KATZ and PALMER, JS.


BERDON, J.

In this product liability claim brought pursuant to the Product Liability Act (act); General Statutes § 52-572m et seq.; the dispositive issue is whether the defendant product seller was entitled to a jury instruction on the defense of alteration or modification predicated on misuse under General Statutes § 52-572p, in addition to an instruction on misuse under the common law.

The plaintiff Steven...

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