Superior Court of Connecticut Dismissed Claim that an Accident Could Have Been Avoided if Trucking Company Had Installed a Collision Mitigation System Aboard Its Truck

This matter involved an accident where a box truck driver fell asleep and veered to one side of the road, flipping the vehicle in the process. An approaching freightliner was unable to avoid colliding with the vehicle. The plaintiffs, arguing a product liability cause of action, alleged that the accident could have been avoided or mitigated if the freightliner in question, which, by all accounts, was not negligently operated, should be responsible for the accident because it was not equipped with a collision mitigation system. The Superior Court determined that the defendants made the prima facie showing that the product was not defective and the plaintiffs failed to provide evidence there was any defect or an expert witness to support the cause of action. The court, quoting prior precedent, stated that “the fact that the [accident occurred] is insufficient to establish a defect in the absence of expert testimony.” 

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