Town of Sprague v. Mapei Corp.
The Connecticut Product Liability Act provides the exclusive method to obtain a legal remedy as a result of an injury that results from a defective product. Allegedly, the defendant manufacturer, Mapei Corp., represented to the plaintiff, the Town of Sprague, that the defendants Concrete Renew product could be used to resurface a sidewalk. Allegedly, after they were resurfaced with Concrete Renew, one or more of the municipalitys sidewalk surfaces separated, because the Concrete Renew did not bond to the host slab, lost hydration and was brittle. The Town of Sprague sued, alleging breach of contract, fraud, and violation of the Connecticut Product Liability Act and the Connecticut Unfair Trade Practices Act. The defendant moved to dismiss the plaintiffs breach of contract, fraud and CUTPA counts. Connecticut General Statutes §52-572n(a) provides that a product liability claim may be asserted and shall be in lieu of all other claims against product sellers, including actions of negligence, strict liability and warranty, for harm caused by a product. Here, the plaintiff municipality requests damages for the alleged injury to property caused by the defendants product. The Connecticut Product Liability Acts exclusivity provision governs, and the court granted the defendants motion to dismiss. The plaintiffs CPLA count survived.