MYERS v. PHILIP MORRIS COMPANIES, INC.

No. S095213.

123 Cal.Rptr.2d 40 (2002)

28 Cal.4th 828

50 P.3d 751

Betty Jean MYERS, Plaintiff and Appellant, v. PHILIP MORRIS COMPANIES, INC., et al., Defendants and Respondents.

Supreme Court of California.

August 5, 2002.


Attorney(s) appearing for the Case

Bourdette & Partners, Philip C. Bourdette and Andre P. Gaston, Visalia, for Plaintiff and Appellant.

Wartnick, Chaber, Harowitz & Tigerman, Harry F. Wartnick, Madelyn J. Chaber, San Francisco; Law Offices of Daniel U. Smith, Daniel U. Smith, Los Angeles, and Ted W. Pelletier for Patricia Henley, Leslie Whiteley and Leonard Whiteley as Amici Curiae on behalf of Plaintiff and Appellant.

Bill Lockyer, Attorney General, Richard M. Frank, Chief Assistant Attorney General, Dennis Eckhart, Assistant Attorney General, and Peter M. Williams, Deputy Attorney General, as Amici Curiae on behalf of Plaintiff and Appellant.

Howard, Rice, Nemerovski, Canady, Falk & Rabkin and H. Joseph Escher III, San Francisco, for Defendant and Respondent R.J. Reynolds Tobacco Company.

Munger, Tolles & Olson, Michael R. Doyen, Fred A. Rowley, Jr., Daniel P. Collins, Los Angeles, and Ronald L. Olsen for Defendant and Respondent Philip Morris Incorporated.

Sedgwick, Detert, Moran & Arnold and Frederick D. Baker, San Francisco, for Defendant and Respondent Brown & Williamson Tobacco Corporation.

William L. Gausewitz for The Alliance of American Insurers, The American Insurance Association, The National Association of Independent Insurers, The National Association of Mutual Insurance Companies and The Reinsurance Association of America as Amici Curiae on behalf of Defendants and Respondents.

Fred Main for California Chamber of Commerce as Amicus Curiae on behalf of Defendants and Respondents.


KENNARD, J.

In 1995, the California Legislature found that "[t]obacco-related disease places a tremendous financial burden upon the persons with the disease, their families, the health care delivery system, and society as a whole," and that "California spends five billion six hundred million dollars ($5,600,000,000) a year in direct and indirect costs on smoking-related illnesses." (Health & Saf.Code, § 104350...

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