Izzarelli v. R.J. Reynolds Tobacco Co.

Plaintiff, a former smoker and cancer survivor, brought an action in federal district court against R.J. Reynolds Tobacco Company pursuant to Connecticut’s Product Liability Act under theories of strict liability and negligent design. At trial, evidence was presented that Defendant purposefully manufactured cigarettes to increase daily consumption without regard to the resultant increase in exposure to carcinogens. After a jury trial, the district court rendered judgment in Plaintiff’s favor. Defendant appealed to the Second Circuit Court of Appeals, claiming that Plaintiff’s product liability cause of action was foreclosed by comment (i) to section 402A of the Restatement (Second), Torts because comment (i) precludes liability of a seller of good tobacco. The Second Court certified to the Supreme Court a question of law regarding the preclusive effect of comment (i) on a strict product liability claim. The Supreme Court held (1) the modified consumer expectation test is the Court’s primary strict product liability test and the sole test applicable to this case; and (2) because the obvious danger exceptions to strict liability in comment (i), including “[g]ood tobacco,” are not dispositive under the multifactor modified consumer expectation test, comment (i) did not preclude a lawsuit in this case. View "Izzarelli v. R.J. Reynolds Tobacco Co." on Justia Law