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Business Law Supreme Court Slip Opinion

by Agati, Taryn

 

SC20500 - Normandy v. American Medical Systems, Inc. ("The principal issue in this appeal is whether a hospital that purchases, stocks, and supplies a medical device, and then bills a patient for its use during surgery, is a "product seller," as defined by General Statutes § 52-572m (a), for purposes of imposing strict liability under the Connecticut Product Liability Act (product liability act).See General Statutes § 52-572m et seq. The named plaintiff, Debra Normandy, appeals from the trial court's granting of the motion for summary judgment filed by the defendant Bristol Hospital, Inc., with respect to her complaint alleging injuries arising from the defendant's violations of, inter alia, the product liability act, the Connecticut Unfair Trade Practices Act (CUTPA), General Statutes § 42-110a et seq., and the common law. On appeal, the plaintiff contends that the trial court incorrectly concluded that (1) the defendant was not a product seller for purposes of imposing strict liability under the product liability act, and (2) her CUTPA and common-law claims were time barred because the statutes of limitations applicable to those claims were not tolled. We conclude that the defendant, as a hospital, is not a product seller for purposes of imposing strict liability pursuant to the product liability act under the circumstances of this case, in which the defendant provided general information regarding various medical procedures on its website and did not significantly participate in placing the medical device at issue into the stream of commerce. We further conclude that the statutes of limitations governing the plaintiff's CUTPA and common-law claims were not tolled. Accordingly, we affirm the judgment of the trial court.")