Wilson v. Midway Games

Citation
Wilson v. Midway Games, Inc., 198 F. Supp. 167 (D. Conn. 2002) (full-text).

Factual Background
On November 22, 1997, Noah Wilson, a thirteen year-old, died when his friend stabbed him in the chest with a kitchen knife. Noah’s mother, Plaintiff, Andrea Wilson, filed this lawsuit against Midway Games, Inc. (“Midway”), alleging that at the time the friend stabbed Noah, the friend was addicted to a video game manufactured by Midway called Mortal Kombat, and that the friend was so obsessed with the game that he actually believe he was one of the characters. Wilson claimed that Midway's design and marketing of Mortal Kombat caused her son’s death. She alleged that she was entitled to damages under the theories of product liability, unfair trade practices, loss of consortium, and negligent and intentional infliction of emotional distress.

Trial Court Proceedings
The trial court concluded that Plaintiff’s complaint failed to state a claim upon which relief can be granted. The court held that the product liability claim failed because Mortal Kombat is not a "product" within purview of the Connecticut Product Liability Act, the unfair trade practices claim was time-barred, the loss of consortium claim was not recognized under Connecticut law in this context, and the negligent and intentional infliction of emotional distress claims were precluded by the First Amendment.