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AMERICAN TOBACCO CO., INC. v. GRINNELL

No. 94-1227.

951 S.W.2d 420 (1997)

The AMERICAN TOBACCO COMPANY, INC., Petitioner v. Jeannie GRINNELL, individually and as independent executrix of the Estate of Wiley Grinnell, Jr., deceased, Wiley and Frances Grinnell, Sr., and Kevin Grinnell, Respondents.

Supreme Court of Texas.

Decided June 20, 1997.

Rehearing Overruled October 2, 1997.

Attorney(s) appearing for the Case

Jana F. Lohse, Sam W. Cruse, Houston, Thomas E. Riley, Steven L. Vollins, Thomas E. Bezanson, New York, NY, Hubert Oxford, III, Beaumont, for Petitioner.

David B. Gaultney, Dewey J. Gonsoulin, Beaumont, Jonathan Massey, Washington, DC, Jorge Vega, Harry G. Potter, III, Austin, Lawrence H. Tribe, Cambridge, MA, for Respondents.

CORNYN, Justice, delivered the opinion of the Court, in which PHILLIPS, Chief Justice, and GONZALEZ, SPECTOR, BAKER and ABBOTT, Justices, join.

In this wrongful death case, we confront an issue with profound health and public policy consequences: whether "common knowledge" of the health risks of cigarette smoking relieves tobacco companies of any duty to warn smokers of those risks. Applying our usual summary judgment standard, we conclude that the defendant has conclusively...

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