1993 Conn. Super. Ct. 3647 | Conn. Super. Ct. | 1993
Pursuant to Connecticut Practice Book 151, et. seq., the defendant Yankee Equipment moves to strike the complaint of the intervening plaintiff, Professional Painting, Inc., on the ground that intervention is precluded in this action because the plaintiff's complaint is based solely on the Products Liability Act.
A "product liability claim includes all claims or actions brought for personal injury, death or property damage caused by the manufacture, construction, design, formula, preparation, assembly, installation, testing, warning, instructions, marketing, packaging or labeling of any product." Rodia v. Tesco Corp.,
"Neither an employer nor . . . the insurer of such employer, shall have any lien upon any judgment received in any products liability claim, or any right of subrogation if the claim against the third party is a product liability claim." Id. at 393, quoting Conn. Gen. Stat.
Accordingly, the motion to strike the intervening complaint is granted.
JOHN J. LANGENBACH JUDGE, SUPERIOR COURT