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DEWEY v. BROWN & WILLIAMSON TOBACCO CORP.

225 N.J. Super. 375 (1988)

542 A.2d 919

CLAIRE E. DEWEY, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF WILFRED E. DEWEY, DECEASED, PLAINTIFF-APPELLANT, v. BROWN & WILLIAMSON TOBACCO CORPORATION, DEFENDANT-RESPONDENT, AND R.J. REYNOLDS TOBACCO COMPANY, R.J. REYNOLDS INDUSTRIES, INC., AND AMERICAN BRANDS, INC. (FORMERLY THE AMERICAN TOBACCO COMPANY, INC.), DEFENDANTS. CLAIRE E. DEWEY, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF WILFRED E. DEWEY, DECEASED, PLAINTIFF-RESPONDENT, v. BROWN & WILLIAMSON TOBACCO CORPORATION, DEFENDANT-APPELLANT, AND R.J. REYNOLDS TOBACCO COMPANY, R.J. REYNOLDS INDUSTRIES, INC., AND AMERICAN BRANDS, INC. (FORMERLY THE AMERICAN TOBACCO COMPANY, INC.), DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided May 23, 1988.

Attorney(s) appearing for the Case

Marc Z. Edell argued the cause for plaintiff-appellant and respondent Claire E. Dewey (Budd, Larner, Gross, Picillo, Rosenbaum, Greenberg & Sade, attorneys; Alan M. Darnell (Wilentz, Goldman & Spitzer) of counsel; Marc Z. Edell and Cynthia A. Walters, on the brief).

Martin London, New York counsel, admitted pro hac vice, argued the cause for defendant-respondent and appellant Brown & Williamson Tobacco Corporation (Norris, McLaughlin & Marcus, attorneys; William C. Slattery, on the brief).

Before Judges PETRELLA, BAIME and ASHBEY.

The opinion of the court was delivered by ASHBEY, J.A.D.

In this cigarette product liability action, plaintiff sought damages from defendant cigarette manufacturer, Brown & Williamson Tobacco Corporation, for the death of her husband. Judge Lucchi granted defendant's motion for partial summary judgment, dismissing that count of plaintiff's complaint which asserted liability based upon defendant's failure to warn of the dangers of smoking its product, Viceroy cigarettes...

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