WILKS v. AMERICAN TOBACCO CO.

No. 93-CA-01337-SCT.

680 So.2d 839 (1996)

Jeanette WILKS, Daughter of Anderson Smith, Deceased, Individually, and on Behalf of All Wrongful Death Beneficiaries and the Estate of Anderson Smith, Deceased, and Jessie Willie Bell v. The AMERICAN TOBACCO COMPANY and New Deal Tobacco and Candy, Inc.

Supreme Court of Mississippi.

September 12, 1996.


Attorney(s) appearing for the Case

Don Barrett, Barrett Law Office, Lexington; Frederick B. Clark, Greenwood, Cynthia Langston Miller, Jackson; Charles Victor, McTeer, McTeer & Associates, Greenville; Richard F. Scruggs, Scruggs Millette Lawson Bozeman & Dent, Pascagoula, for appellants.

James E. Upshaw, Lonnie D. Bailey, Upshaw Williams Biggers Page & Kruger, Greenwood; Thomas E. Bezanson, Mary T. Yelenick, Chadbourne & Parke, New York City; J. Murray Akers, Greenville, for appellees.

Before SULLIVAN, P.J., and McRAE and MILLS, JJ.


McRAE, Justice, for the Court:

This is an appeal from a judgment in favor of the American Tobacco Company in the Circuit Court of Washington County on a claim for wrongful death after the jury determined that cigarette smoking was not the proximate cause of the decedent's death. The heirs of Anderson Smith maintained on appeal that they were at least entitled to Smith's lifetime damages which were overwhelmingly proven to be caused by smoking defendant's Pall Mall...

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