421 A.2d 874 | Conn. Super. Ct. | 1980
On or about October 17, 1977, the plaintiff bought from the defendant retailer a new automobile which had been manufactured by the defendant manufacturer. The automobile was in use by the plaintiff until approximately August 29, 1978, when a fire, allegedly originating in the dashboard area of the automobile, destroyed the plaintiff's automobile and personal property contained therein. The plaintiff is suing the defendants for damages in three counts, strict liability in tort, warranty *348 and negligence. The defendant manufacturer requested that the plaintiff revise his complaint. This action is before the court on the plaintiff's objection to the request to revise.
In 1978, the former motion for a "more specific statement" was changed to a request to revise, to obtain a "more complete or particular statement." Practice Book, 1978, § 147(1). Its function remains unaltered; Stephenson, Conn. Civ. Proc. § 113c; and the new motion serves essentially the same purpose. As such, prior case law as to the old practice book rule can be used to determine the applicability of the new section.
In Brooks v. Borten,
This concept was reinforced in Cervino v. Coratti,
In essence, the defendant requests specification by the plaintiff of the specific defect that made the automobile unreasonably dangerous, not of merchantable quality and unsafe for users. The necessity for such disclosure is stated to be so that "appropriate and direct disclosure and inquiries [could] be made in defense of this claim." The defendant's purpose appears to be to become as well informed as possible so that a credible and *349
strong defense can be established. A request to revise is permissible to obtain information so that a defendant may intelligently plead and prepare his case for trial but it is never appropriate where the information sought is merely evidential. Tishkevich
v. Connecticut Light Power Co.,
In alleging defectiveness some courts have held that "a specific defect in the product is not an essential element in establishing a cause of action." 63 Am. Jur.2d, Products Liability § 15, and cases there cited. The Appellate Session of the Superior Court in Liberty Mutual Ins. Co. v. Sears, Roebuck Co.,
It must be noted that in Practice Book Form No. 804.7, specific defects in a product are alleged and specified in the sample complaint. It has been held, however, that these forms in the Practice Book are "merely illustrative" and that the "language is not mandatory." Connecticut Savings Bank v. HanomanRealty Corporation,
The objection to the request to revise is sustained.