CT: Malfunction Theory Must Be Pled or Can’t Be Used in Opposition to Summary Judgment Motion

The Connecticut Supreme Court has clarified procedural requirements for the malfunction doctrine in products cases.  If the plaintiff only pleads specific defects in a product, the malfunction doctrine can’t be used as an alternative way to defeat a motion for summary judgment because there was no notice to the defendants and the court. The decision is White v. Mazda Motor of America, Inc., 2014 WL 4548058 (Conn. 2014).