KEARNEY v. PHILIP MORRIS, INC.

Civil Action No. 92-11079-REK.

916 F.Supp. 61 (1996)

Mary KEARNEY, as Administratrix of the Estates of Maureen O'Neill, Charlene O'Neill, Stacy O'Neill, and Leanne O'Neill, Plaintiff, v. PHILIP MORRIS, INC., Defendant.

United States District Court, D. Massachusetts.

February 16, 1996.


Attorney(s) appearing for the Case

Stephen R. Fine, Stephen R. Fine & Associates, Manchester, NH, Edward L. Sweda, Jr., Dorchester, MA, for Mary Kearney.

Marshall Simonds, Thomas J. Griffin, Jr., Goodwin, Proctor & Hoar, Boston, MA, Walter L. Cofer, William J. Crampton, Shook, Hardy & Bacon, Kansas City, MO, for Philip Morris Companies Inc. and Philip Morris, Inc.


OPINION

KEETON, District Judge.

I.

Plaintiff, Mary Kearney, brings this diversity action against defendant on behalf of the estates of her daughter (Maureen O'Neill) and three grandchildren (Charlene O'Neill, Stacy O'Neill, and Leanne O'Neill) who died in a house fire on May 27, 1990. The fire was allegedly caused by a Marlboro Light cigarette designed, produced and marketed by defendant, after...

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