WHITE v. MAZDA MOTOR OF AMERICA, INC.

No. 19088.

99 A.3d 1079 (2014)

313 Conn. 610

Roland Todd WHITE v. MAZDA MOTOR OF AMERICA, INC., et al.

Supreme Court of Connecticut.

Decided September 23, 2014.


Attorney(s) appearing for the Case

Alexander J. Sarris , with whom, on the brief, was Frank J. McCoy, Jr. , Tolland, for the appellant (plaintiff).

Paul D. Williams , with whom, on the brief, was John W. Cerreta , Hartford, for the appellees (named defendant et al.).

Brenden P. Leydon , Stamford, filed a brief for the Connecticut Trial Lawyers Association as amicus curiae.

Cristin E. Sheehan and Jonathan M. Hoffman , pro hac vice, filed a brief for the Product Liability Advisory Council, Inc., as amicus curiae.

ROGERS, C.J., and PALMER, ZARELLA, EVELEIGH, McDONALD, ESPINOSA and VERTEFEUILLE, Js.


ZARELLA, J.

In this certified appeal, we consider whether the plaintiff, Roland Todd White, preserved for appellate review a claim under the malfunction theory of products liability. The malfunction theory allows a plaintiff in a product liability action to rely on circumstantial evidence to support an inference that an unspecified defect attributable to a product seller was the most likely cause of a product malfunction when other possible causes of the malfunction...

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