LOWE v. PHILIP MORRIS USA, INC.

(CC 0111-11895, CA A123025, SC S054378).

183 P.3d 181 (2008)

344 Or. 403

Patricia R. LOWE, individually and on behalf of all similarly-situated persons, Petitioner on Review, v. PHILIP MORRIS USA, INC.; RJ Reynolds Tobacco Company, Brown & Williamson Tobacco Corporation; Lorillard Tobacco Company; and Liggett Group Inc., foreign corporations, Respondents on Review.

Supreme Court of Oregon.

Decided May 1, 2008.


Attorney(s) appearing for the Case

James S. Coon, of Swanson, Thomas & Coon, Portland, argued the cause and filed the briefs for petitioner on review.

William F. Gary, of Harrang Long Gary Rudnick PC, Portland, argued the cause and filed the brief for respondents on review Philip Morris USA Inc., RJ Reynolds Tobacco Company, Brown & Williamson Tobacco Corporation, and Lorillard Tobacco Company. With him on the brief were Sharon A. Rudnick, Roy Pulvers, of Lindsay, Hart, Neil & Weigler, LLP, Portland, and Thomas Tongue, of Dunn Carney Allen Higgins & Tongue LLP, Portland.

Justin M. Thorp, of Martin, Bischoff, Templeton, Langslet & Hoffman LLP, Portland, filed the brief for respondent on review Liggett Group, Inc.

Brian S. Campf, of Brian S. Campf PC, Portland, filed the briefs for amici curiae Oregon Trial Lawyers Association and American Cancer Society.

P. Arley Harrel, of Williams, Kastner & Gibbs PLCC, Seattle, WA, filed the brief for amicus curiae Product Liability Advisory Council, Inc. With him on the brief was Hugh F. Young, Jr., Product Liability Advisory Council, Inc., Reston, VA.

James N. Westwood, of Stoel Rives LLP, Portland, filed the brief for amici curiae Coalition for Litigation Justice, Inc., Chamber of Commerce of the United States of America, National Association of Mutual Insurance Companies, Property Casualty Insurers Association of America, American Insurance Association, American Chemistry Council, National Association of Manufacturers, and American Tort Reform Association. With him on the brief were Jerome A. Murphy and Natalia R. Medley, of Crowell & Moring LLP, Washington, DC; Robin S. Conrad and Amar D. Sarwal, of the National Chamber Litigation Center, Washington, DC; Gregg Dykstra, of the National Association of Mutual Insurance Companies, Indianapolis, IN; Ann W. Spragens and Robert J. Hurns, of Property Casualty Insurers Association of America, Des Plaines, IA; Donald D. Evans, of the American Chemistry Council, Arlington, VA; Jan Amundson and Quentin Riegel, of the National Association of Manufacturers, Washington, DC; Sherman Joyce, of the American Tort Reform Association, Washington, DC; Lynda S. Mounts and Kenneth A. Stoller, of the American Insurance Association, Washington, DC.

Thomas W. Brown, of Cosgrave Vergeer Kester LLP, Portland, filed the brief for amici curiae Oregon Forest Industries Council and Oregon Restaurant Association.

Janet M. Schroer, of Hoffman, Hart & Wagner, LLP, Portland, filed the brief for amicus curiae Associated Oregon Industries.

John M. Groen, of Groen, Stephens & Klinge, LLP, Bellevue, WA, filed the brief for amicus curiae Pacific Legal Foundation. With him on the brief was Deborah J. La Fetra, Pacific Legal Foundation, Sacramento, CA.

Before De Muniz, Chief Justice, and Gillette, Durham, Balmer, Kistler, and Walters, Justices.


KISTLER, J.

Plaintiff brought this action alleging that defendants' negligent manufacture and sale of cigarettes caused her to suffer a "significantly increased risk of developing lung cancer" and that, as a result, it was "reasonable and necessary" for her to undergo "[p]eriodic medical screening." She sought injunctive relief requiring the "creation of a court-monitored program of medical monitoring, smoking cessation and education" for her and approximately 400...

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