DocketNumber: No. CV90 0112987 S
Citation Numbers: 1992 Conn. Super. Ct. 6662
Judges: SYLVESTER, JUDGE
Filed Date: 7/14/1992
Status: Non-Precedential
Modified Date: 4/18/2021
"[T]he Product Liability Act is `an exclusive remedy for claims falling within its scope.' Winslow v. Lewis-Shepard, Inc.,
The Product Liability Act defines a product seller as "any person or entity, including a manufacturer, wholesaler, distributor or retailer who is engaged in the business of selling such products whether the sale is for resale, or for use or consumption. The term `product' seller also includes lessors or bailors of products who are CT Page 6663 engaged in the business of leasing or bailment of products." General Statutes
52-572m (a).
Id., 72. Accordingly, Kapetan's cause of action against Acorn falls within the scope of the Product Liability Act. Kapetan's second court, sounding in common law indemnity, is precluded by the Product Liability Act.
The Product Liability Act further provides, however, that "[a]n action for commercial losses caused by a product may be brought only under, and shall be governed by, Title 42a, the Uniform Commercial Code [the "UCC"]." The UCC provides that parties may contractually agree to the remedies to which they are entitled. General Statutes
Acorn's motion to strike as to the first count of Kapetan's third-party complaint is denied. Acorn's motion to strike as to the second count of Kapetan's third-party complaint is granted.
SYLVESTER, J.