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Evans v. Lorillard Tobacco Company

Docket #SJC-11179
Date December 3, 2012
VideoView oral argument with Windows Media Player
JusticesIreland, C.J., Spina, Cordy, Botsford, Gants, Duffly, JJ.
Summary Tobacco. Wrongful death. Negligence, Wrongful death, Duty to warn, Defective product, Adequacy of warning, Comparative, Gross negligence. Consortium. Parent and child, Consortium. Wilful, wanton, or reckless conduct. Conscious pain and suffering. Consumer Protection Act, Unfair or deceptive act. Uniform Commercial Code, Warranty. Warranty. Damages, Wrongful death, Loss of consortium, Punitive, Conscious pain and suffering. Jury and jurors. Practice, Civil, Wrongful death, Challenge of jurors, Bias of judge, Mistrial, Dismissal, Instructions to jury. Collateral estoppel. Estoppel. Res judicata. Limitations, Statute of. Evidence, Findings in another proceeding, Relevancy and materiality.
Appealed FromSuffolk Superior Court, Justice Elizabeth M. Fahey
BriefsSee selection available in PDF format at Supreme Judicial Court website
Counsel for Appellant
Lorillard Tobacco Company:  Paul F. Ware, Jr., Kevin P. Martin, Andrew J. McElhaney, Jr.
Counsel for Appellee
Evans:  Michael D. Weisman, Thomas Frisardi
Amici CuriaeChamber of Commerce of the United States; Product Liability Advisory Council, Inc.; Washington Legal Foundation; American Legacy Foundation; African American Tobacco Control Leadership Counsel; American Cancer Society Cancer Action Network; American Heart Association; American Lung Association; American Medical Association; American Public Health Association; Asian Pacific Partners for Empowerment - Advocacy and Leadership; Campaign for Tobacco Free Kids; Citizens' Commission to Protect the Truth; Fenway Institute at Fenway Health; Lung Cancer Alliance; Massachusetts Association of Health Boards; National Association of Chronic Disease Directors; Partnership for Prevention; Tobacco Control Legal Consortium; Kathleen Donovan; Patricia Cawley; Massachusetts Defense Lawyers Association; Massachusetts Academy of Trial Attorneys

OpinionClick to link to the slip opinion of the Supreme Judicial Court, in PDF format (requires Adobe Acrobat)

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