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ROGERS v. R.J. REYNOLDS TOBACCO CO.

No. 49S02-0102-CV-95.

745 N.E.2d 793 (2001)

Yvonne ROGERS, Individually And as Executrix of the Estate Of Richard Rogers, Deceased, Appellant (Plaintiff below), v. R.J. REYNOLDS TOBACCO CO., Phillip Morris Incorporated, The American Tobacco Co., Inc., and Liggett Group, Inc., Appellees (Defendants below).

Supreme Court of Indiana.

April 18, 2001.

Attorney(s) appearing for the Case

C. Warren Holland, Michael W. Holland, Holland & Holland, Morris L. Klapper, Klapper, Isaac & Parish, Indianapolis, IN, Attorneys for Appellant.

Richard D. Wagner, Thomas J. Costakis, Jeffrey C. McDermott, Krieg, DeVault, Alexander, & Capehart, LLP, David O. Tittle, Karl L. Mulvaney, Nana Quay-Smith, Bingham, Summers, Welsh, & Spilman, Indianapolis, IN, Scott Shockley, DeFur, Voran, Hanley, Radcliff & Reed, Muncie, IN, William T. Plesec, Paul D. Koethe, Kevin D. Boyce, Jones, Day, Reavis & Pogue, Cleveland, OH, James E. Berger, Shook, Hardy & Bacon, LLP, Kansas City, MO, Attorneys for Appellees.

On Petition To Transfer

DICKSON, Justice

Yvonne and Richard Rogers sued the defendant tobacco companies for damages related to Richard's cancer.1 After several years of litigation the first trial ended in a mistrial. A second trial resulted in a jury verdict in favor of the tobacco companies and Rogers appealed. The Court of Appeals reversed and remanded the case for a new trial due...

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