Pitterman et al v. General Motors LLC

Filing 140

SUPPLEMENTAL RULING ON DEFENDANTS MOTION FOR SUMMARY JUDGMENT # 59 REGARDING DUTY TO WARN CAUSE OF ACTION. Signed by Judge Janet C. Hall on 9/29/2016.(Lewis, D)

UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT

BERNARD PITTERMAN, et al.
Plaintiffs,
v.
GENERAL MOTORS LLC,
Defendants.

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CIVIL ACTION NO.
3:14-cv-00967(JCH)

SEPTEMBER 29, 2016

SUPPLEMENTAL RULING ON DEFENDANT’S MOTION FOR SUMMARY
JUDGMENT #59 REGARDING DUTY TO WARN CAUSE OF ACTION
On April 29, 2016, the Court issued its Ruling denying defendant GM’s (“GM”)
Motion for Summary Judgment, Doc. No. 120. Four days later, the Connecticut
Supreme Court issued its Opinion on the certified question in Izzarelli v. R.J. Reynolds
Tobacco Co., stating unambiguously that courts applying Connecticut law should use
the modified consumer expectation test when determining liability for a design defect.
321 Conn. 172 (2016). This dramatic clarification of law led the court, out of an
abundance of caution, to order the parties to brief whether Izzarelli required the court to
revisit its Ruling denying summary judgment. Doc. No. 132. Specifically, the court
wanted to ensure that Izzarelli did not require overturning the Ruling denying summary
judgment on plaintiff Pitterman’s (“Pitterman”) failure to warn cause of action because
Pitterman had failed to produce expert testimony of GM’s duty to warn.
After considering the parties’ briefing, the court concludes that the holding in
Izzarelli does not alter the court’s reasoning. Specifically, Izzarelli does not change the
standard for failure to warn claims outlined in the Connecticut General Statutes. Conn.
Gen. Stat. §52-572q; see Izzarelli, 321 Conn. at 194 (“We reach the following

conclusions regarding the standards for a strict product liability action based on
defective design generally and in the present case.”) (emphasis added). The court
reiterates its Ruling that Pitterman can present its claim to the jury, regarding GM’s duty
to warn, without experts.
SO ORDERED.
Dated at New Haven, Connecticut this 29th day of September, 2016.

_/s/ Janet C. Hall____________
Janet C. Hall
United States District Judge