Bifolck v. Philip Morris, Inc.

Summary

Justice Vertefeuille agrees that the Restatement rule governing defective products applies to negligence claims under Connecticut's Product Liability Act, but dissents from the conclusion that the common-law limitation on punitive damages does not apply to statutory punitive damages. The separate opinion would construe the punitive-damages provision to preserve the common-law measure of litigation expenses, less taxable costs, because the statutory text and legislative history do not clearly abrogate that rule.