United States Second Circuit

In an action under Connecticut state law in which plaintiff claims that defendant's cigarettes were defective and caused her cancer, the following question is certified to the Connecticut Supreme Court: Does Comment i to section 402A of the Restatement (Second) of Torts preclude a suit premised on strict products liability against a cigarette manufacturer based on evidence that the defendant purposefully manufactured cigarettes to increase daily consumption without regard to the resultant increase in exposure to carcinogens, but in the absence of evidence of any adulteration or contamination?

Appellate Information

• Decided 09/10/2013
• Published 09/10/2013

Judges

• JACOBS

Court

• United States Second Circuit

Counsel