Products Liability Law Reporter

After a sudden electrical power surge, Jennifer O’Neill, 52, returned to her home to find fire alarms activated and the presence of smoky haze and a chemical odor. O’Neill suffered respiratory problems as a result of her exposure to the smoke and was hospitalized for two days. She continues to experience difficulty breathing. Additionally, several of her home appliances were damaged in the power surge.

O’Neill sued the Connecticut Light and Power Co., which installed and maintained utility poles, wires, and the service drop that provided electricity to her residence, alleging violation of the Connecticut Products Liability Act. The plaintiff claimed that the service drop had become detached from her home, which allowed the home’s neutral cable to disconnect, resulting in a power surge to the residence.

The plaintiff also argued that the electricity the defendant sold constituted a defective product and that the defendant had failed to deliver electricity to the home within the required standard voltage or an acceptable deviation.

The jury awarded the plaintiff more than $83,000. The award includes nearly $20,000 for past medical expenses and an additional $30,000 in noneconomic damages. The trial court denied the defendant’s motion to set aside the jury verdict.

Citation: O’Neill v. Conn. Light & Power Co., No. HHD-CV-18-6089044-S (Conn. Dist. Ct. Hartford Cty. Feb. 21, 2020).

Plaintiff counsel: Kasey Procko Burchman, Farmington, Conn.; and Thomas J. O’Neill III, Hartford, Conn.

Plaintiff experts: J. Samuel Pope, pulmonology, Hartford; and Joshua McSpearan, fire damage, Marlborough, Conn.