Robert C. GILBOY
v.
The AMERICAN TOBACCO COMPANY, et al.
Supreme Court of Louisiana.https://leagle.com/images/logo.png
June 21, 1991.
Rehearing Denied September 5, 1991.
Attorney(s) appearing for the Case
George R. Covert, Covert and Braud, Baton Rouge, for plaintiff-applicant.
Curtis R. Boisfontaine, Sally A. Shushan, Sessions and Fishman, Harry McCall, Jr., Charles L. Chassaignac, Carmelite M. Bertaut, Chaffe, McCall, Phillips, Toler & Sarpy, John M. McCollam, Ewell E. Eagan, Jr., Steven W. Copley, Gordon, Arata, McCollam & Duplantis, K. Eric Gisleson, Steeg & O'Connor, Henry D. Salassi, Jr., Mangham, Hardy, Rolf & Abadie, Baton Rouge, for defendants-respondents.
Basile Uddo, New Orleans, for Louisiana Cancer and Lung Trust Foundation amicus curiae.
Taylor Caffery, Baton Rouge, for American Lung Ass'n of Louisiana amicus curiae.
Lawrence S. Kullman, Carl Joseph Barbier, Michael X. St. Martin, Adolph J. Levy, New Orleans, for Louisiana Trial Lawyers Ass'n amicus curiae.
Supreme Court of Louisiana.
WATSON, Justice.1
In this case claiming damages against cigarette manufacturers and a vendor,2 the trial court granted summary judgment to defendants, principally on the theory that plaintiff voluntarily encountered the risks associated with cigarette smoking. The court of appeal affirmed. This court must determine whether summary judgment is appropriate.
FACTS
Plaintiff, Robert C. Gilboy...
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