Koutsoukos v. Toyota Motor Sales, U.S.A., Inc.

49 A.3d 302, 137 Conn. App. 655, 2012 WL 3568596, 2012 Conn. App. LEXIS 398
CourtConnecticut Appellate Court
DecidedAugust 28, 2012
DocketAC 33663
StatusPublished
Cited by3 cases

This text of 49 A.3d 302 (Koutsoukos v. Toyota Motor Sales, U.S.A., Inc.) is published on Counsel Stack Legal Research, covering Connecticut Appellate Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Koutsoukos v. Toyota Motor Sales, U.S.A., Inc., 49 A.3d 302, 137 Conn. App. 655, 2012 WL 3568596, 2012 Conn. App. LEXIS 398 (Colo. Ct. App. 2012).

Opinion

Opinion

BEAR, J.

The plaintiff, Dimitidos Koutsoukos, administrator of the estate of Melissa A. Koutsoukos (decedent), appeals from the summary judgment rendered by the trial court in favor of the defendants, Toyota Motor Sales, U.S.A., Inc. (Toyota), and Crabtree Motors, Inc. (Crabtree), in this product liability action stemming from a fatal motor vehicle accident. The plaintiff claims that the court erred (1) by holding that, under the facts presented, an ordinary consumer cannot form his or her own expectations about the safety of a motor vehicle’s front driver’s side airbag, (2) by holding that the plaintiff cannot prove that the defendants’ product was defective without the use of expert testimony and (3) by failing to find a genuine issue of material fact with respect to whether an airbag malfunction may have enhanced the [657]*657fatal injuries of the decedent. We affirm the judgment of the trial court.

The following undisputed facts and procedural history frame our analysis. In the early morning of April 9, 2006, the decedent, the plaintiffs twenty-four year old daughter, was involved in a fatal single car motor vehicle accident on the exit forty-nine south off ramp of the Merritt Parkway in Trumbull. At the time of the accident, the decedent was driving a 2006 Toyota Scion tC, which was manufactured by Toyota and sold to the decedent by Crabtree. It is undisputed that the Scion’s driver’s side bolster and curtain airbags deployed in the accident. The driver’s side front airbag, however, did not deploy.

On April 9, 2008, the plaintiff, then self-represented, commenced this action.1 The plaintiffs complaint alleges that the defendants are liable for the decedent’s death pursuant to the Connecticut Product Liability Act, General Statutes § 52-572m et seq.2 The complaint does not allege that a defect in the vehicle’s airbag caused the accident itself. Rather, the complaint alleges that the defective condition of the vehicle’s driver’s side front airbag contributed to the fatal injuries sustained by the decedent during the accident.

On February 4,2011, the defendants filed a motion for summary judgment arguing, in part, that expert opinion [658]*658was required to establish that, under the circumstances of this case, the failure of the driver’s side front airbag to deploy constituted a product defect. Additionally, the defendants argued that the plaintiff failed to produce expert opinion addressing whether the failure of the driver’s side front airbag to deploy caused or enhanced the injuries to the decedent.

On April 27, 2011, the court granted the defendants’ motion for summary judgment, articulating its reasoning in a subsequently filed memorandum of decision. This appeal followed. Additional facts will be set forth as necessary.

On appeal, the plaintiff challenges the summary judgment rendered in favor of the defendants. “Practice Book § 17-49 provides that summary judgment shall be rendered forthwith if the pleadings, affidavits and any other proof submitted show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. In deciding a motion for summary judgment, the trial court must view the evidence in the fight most favorable to the nonmoving party. ... On appeal, we must determine whether the legal conclusions reached by the trial court are legally and logically correct and whether they find support in the facts set out in the memorandum of decision of the trial court. . . . Our review of the trial court’s decision to grant [a party’s] motion for summary judgment is plenary.” (Citations omitted; internal quotation marks omitted.) Lancia v. State National Ins. Co., 134 Conn. App. 682, 687, 41 A.3d 308, cert. denied, 305 Conn, 904, 44 A.3d 181 (2012).

The plaintiff claims that the court erred “by holding that under the modified consumer expectation test of Potter v. Chicago Pneumatic Tool Co., 241 Conn. 199, [694 A.2d 1319] (1997), as applied to the particular facts of this case, an ordinary consumer cannot form his or [659]*659her own expectations of the safety of a motor vehicle’s front driver’s side airbag. ” Moreover, the plaintiff claims that the court improperly held that he could not prove that the defendants’ product was defective without the use of expert testimony. Because, as framed by the plaintiff, these claims are closely related, we will address them together.

“To recover under the doctrine of strict liability in tort, a plaintiff must prove that: (1) the defendant was engaged in the business of selling the product; (2) the product was in a defective condition unreasonably dangerous to the consumer or user; (3) the defect caused the injury for which compensation was sought; (4) the defect existed at the time of the sale; and (5) the product was expected to and did reach the consumer without substantial change in condition. . . . For a product to be unreasonably dangerous, it must be dangerous to an extent beyond that which would be contemplated by the ordinary consumer who purchases it, with the ordinary knowledge common to the community as to its characteristics.” (Citations omitted; internal quotation marks omitted.) Metropolitan Property & Casualty Ins. Co. v. Deere & Co., 302 Conn. 123, 131, 25 A.3d 571 (2011).

Nonetheless, where complex products are concerned, “an ordinary consumer may not be able to form expectations of safety.” Potter v. Chicago Pneumatic Tool Co., supra, 241 Conn. 219. Generally, absent direct evidence of a product defect, “[i]f lay witnesses and common experience are not sufficient to remove [a] case from the realm of speculation, the plaintiff will need to present expert testimony to establish a prima facie case. See D. Owen, [‘Manufacturing Defects,’ 53 S.C. L. Rev. 851, 880 and n.183 (2002)] (citing cases in which expert testimony was required); cf. Potter v. Chicago Pneumatic Tool Co., supra, [217-18].” Metropolitan Property & Casualty Ins. Co. v. Deere & Co., [660]*660supra, 302 Conn. 141; see also Keeney v. Mystic Valley Hunt Club, Inc., 93 Conn. App. 368, 375, 889 A.2d 829 (2006) (“expert testimony is required when the question involved goes beyond the field of the ordinary knowledge and experience of judges or jurors” [internal quotation marks omitted]). The present matter presents such a case.

Attached to their motion for summary judgment, the defendants provided affidavits from multiple expert witnesses, including a mechanical engineer specializing in accident reconstruction and an engineer specializing in biomechanical analysis. The accident reconstruction expert’s description of the crash sequence provides: “As the [decedent’s] vehicle proceeded onto the ramp, the vehicle initially departed the roadway to the left; then re-entered the roadway and went into a clockwise yaw3 (as viewed from above) as it traveled back to the right across the pavement.

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Bluebook (online)
49 A.3d 302, 137 Conn. App. 655, 2012 WL 3568596, 2012 Conn. App. LEXIS 398, Counsel Stack Legal Research, https://law.counselstack.com/opinion/koutsoukos-v-toyota-motor-sales-usa-inc-connappct-2012.