Bagley v. Adel Wiggins GroupAnnotate this Case
The Supreme Court reversed the judgment of the trial court for Plaintiff in this action brought pursuant to Connecticut’s Product Liability Act under strict liability and negligence theories, holding that 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. In the complaint, Plaintiff alleged that the decedent was exposed to asbestos-containing products while working for Defendant and that Defendant’s actions in selling such asbestos-containing products constituted violations of the Act. After Plaintiff rested her case, Defendant moved for a directed verdict. The trial court denied Defendant’s motion as well as Defendant’s motion to set aside the verdict and for judgment notwithstanding the verdict following the jury’s verdict in Plaintiff’s favor. The Supreme Court reversed, holding that there was insufficient evidence to show that the product at issue was dangerous or that it was a legal cause of the decedent’s mesothelioma, and therefore, the trial court improperly denied Defendant’s motion for a directed verdict and motion to set aside the verdict and for judgment notwithstanding the verdict.