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NAEGELE v. R.J. REYNOLDS TOBACCO CO.

Nos. A084367, A084371.

96 Cal.Rptr.2d 666 (2000)

81 Cal.App.4th 503

Joseph NAEGELE, as Co-Trustee, etc., et al., Plaintiffs and Appellants, v. R.J. REYNOLDS TOBACCO COMPANY et al., Defendants and Respondents. Richard Donaldson, Plaintiff and Appellant, v. R.J. Reynolds Tobacco Company et al., Defendants and Respondents.

Court of Appeals of California, First District, Division One.

As Modified on Denial of Rehearing July 7, 2000.

Review Granted October 18, 2000.

Attorney(s) appearing for the Case

Harry F. Wartnick, Madelyn J. Chaber, Phillip Scott Chan, Wartnick, Chaber, Harowitz, Smith & Tigerman, San Francisco, for Appellants.

H. Joseph Escher III, Richard Shively, Anne-Marie Eileraas, Howard, Rice, Nemerovski, Canady, Falk & Rabkin, San Francisco, for Respondents.

STRANKMAN, P.J.

For a decade, Civil Code former section 1714.45 gave tobacco manufacturers and sellers almost complete immunity from tort actions based on injuries or death resulting from use of their products.1 (Stats. 1987, ch. 1498.) A dramatic policy change occurred effective January 1, 1998, when the Legislature amended the statute to eliminate the immunity of manufacturers. (Stats...

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