breach of warranty claim in Connecticut

1997General Statutes § 52-572n (a) provides: "A product liability claim as provided in sections 52-240a , 52-240b , 52-572m to 52-572r , inclusive, and 52-577a 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." "[O]ur products liability statute, General Statutes § 52-572n (a), provides the exclusive remedy for a claim falling within its scope, thereby denying a claimant the option of bringing common law causes of action for the same claim." Winslow v. Lewis-Shepard, Inc., 2

1997General Statutes § 52-572n (a) provides: "A product liability claim as provided in sections 52-240a , 52-240b , 52-572m to 52-572r , inclusive, and 52-577a 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." "[O]ur products liability statute, General Statutes § 52-572n (a), provides the exclusive remedy for a claim falling within its scope, thereby denying a claimant the option of bringing common law causes of action for the same claim." Winslow v. Lewis-Shepard, Inc., 2

1997To render a title unmarketable, the defect must present a real and substantial probability of litigation or loss at the time of the conveyance." (Citations omitted; internal quotation marks omitted.) Frimberger v. Anzellotti , 25 Conn. App. 401 , 408 , 594 A.2d 1029 (1991).

1997To render a title unmarketable, the defect must present a real and substantial probability of litigation or loss at the time of the conveyance." (Citations omitted; internal quotation marks omitted.) Frimberger v. Anzellotti , 25 Conn. App. 401 , 408 , 594 A.2d 1029 (1991).

1997In response, the individual defendants CT Page 6926 argue that these allegations are not a judicial admission that they held title free of encumbrance. "[A] judicial admission is an express waiver, made in court or preparatory to trial, by the party or his attorney, conceding for the purposes of the trial the truth of some alleged fact, has the effect of a confessory pleading, in that the fact is thereafter to be taken for granted; so that the one party need offer no evidence to prove it, and the other is not allowed to disprove it." (Internal quotation marks omitted.) State v. Rodriquez , 180

1997In response, the individual defendants CT Page 6926 argue that these allegations are not a judicial admission that they held title free of encumbrance. "[A] judicial admission is an express waiver, made in court or preparatory to trial, by the party or his attorney, conceding for the purposes of the trial the truth of some alleged fact, has the effect of a confessory pleading, in that the fact is thereafter to be taken for granted; so that the one party need offer no evidence to prove it, and the other is not allowed to disprove it." (Internal quotation marks omitted.) State v. Rodriquez , 180

1996In Flagg Energy Development v. General Motors Corp. , Superior Court, judicial district of New Haven at Meriden, Docket No. 242198 (October 1, 1993, Dorsey, STR, 8 CSCR 1168 ) the plaintiff's CUTPA claim incorporated by reference the allegations contained in count five discussing breach of the "repair or replace" warranty was stricken, the court recognizing that the CUTPA claim was merely a "recasting" of the breach of warranty claim raised in count five.

1995Id., 490 .

1992Although the Connecticut appellate courts have not directly addressed whether the notice provision of 42a-2-607 (3) is a condition precedent to asserting a breach of warranty claim, one superior court decision has held that "a complaint is defective if it does not allege the giving of notice of a breach of warranty to the seller." Ruderman v. Warner-Lambert Pharmaceutical Co., 23 Conn. Sup. 416 , 418 , 184 A.2d 63 (Ct. Comm. Pls. 1962).

1992Although the Connecticut appellate courts have not directly addressed whether the notice provision of 42a-2-607 (3) is a condition precedent to asserting a breach of warranty claim, one superior court decision has held that "a complaint is defective if it does not allege the giving of notice of a breach of warranty to the seller." Ruderman v. Warner-Lambert Pharmaceutical Co., 23 Conn. Sup. 416 , 418 , 184 A.2d 63 (Ct. Comm. Pls. 1962).