Izzarelli v. R.J. Reynolds Tobacco Co.
2013 U.S. App. LEXIS 18760
| 2d Cir. | 2013Background
- Izzarelli sues RJ Reynolds under the Connecticut Products Liability Act for strict liability and negligence, alleging cigarettes she smoked for 25 years caused her laryngeal cancer.
- A jury found the cigarettes defective and awarded compensatory damages; punitive damages and offer-of-judgment interest were also awarded.
- RJ Reynolds appeals, arguing Connecticut law and Restatement (Second) of Torts § 402A preclude strict liability for selling good tobacco absent contamination or adulteration.
- The district court granted summary judgment on the strict-liability claim; Izzarelli did not appeal that ruling.
- The court certifies a Connecticut state-law question and stays resolution pending CT Supreme Court guidance.
- Trial evidence showed RJ Reynolds manipulated nicotine delivery to increase addiction and daily consumption.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does Comment i to 402A preclude strict liability for cigarette manufacturers absent contamination? | Izzarelli argues Comment i does not bar suits without adulteration; tobacco can be defective beyond ordinary risks. | Reynolds argues Comment i precludes claims for good tobacco absent contamination. | To be certified; no ruling yet |
| Should the Connecticut Supreme Court be asked to decide the issue? | Connecticut law unsettled; state court should clarify. | Certification would resolve the issue only if CT Supreme Court accepts. | Certified; stay of case pending CT Supreme Court decision |
Key Cases Cited
- Giglio v. Conn. Light & Power Co., 429 A.2d 486 (Conn. 1980) (adopts 402A framework and Comment i's definition of unreasonably dangerous)
- Wagner v. Clark Equip. Co., Inc., 700 A.2d 38 (Conn. 1997) (connects Connecticut strict-liability rule to Comment i on good tobacco)