Donna L. Soto v. Bushmaster Firearms International, LLC

Summary

The court held that the plaintiffs could not proceed on negligent-entrustment claims based solely on the foreseeable possibility that legally sold rifles might eventually reach an unsafe user, and that their theory that civilian sales were inherently unfair was time-barred. It nevertheless held that the plaintiffs had standing to pursue CUTPA claims alleging that the defendants marketed the rifle for illegal, offensive military-style use, that personal injuries could constitute CUTPA damages in those circumstances, and that the Product Liability Act did not preempt those advertising claims. The court further held that PLCAA’s predicate exception encompasses the wrongful-marketing CUTPA claims and remanded for further proceedings on that limited theory.