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WHITELEY v. PHILIP MORRIS INC.

No. A091444

11 Cal.Rptr.3d 807 (2004)

117 Cal.App.4th 635

Leonard WHITELEY, Plaintiff and Respondent, v. PHILIP MORRIS INC. et al., Defendants and Appellants.

Court of Appeals of California, First District, Division 2

As Modified on Denial of Rehearing April 29, 2004

Attorney(s) appearing for the Case

Heller Ehrman White & McAuliffe, LLP, M. Laurence Popofsky, Curtis M. Caton, David B. Goodwin, Nina A.M. Greeley, Howard, Rice, Nemerovski, Canady, Falk & Rabkin, H. Joseph Escher III, Richard Shively, Shook, Hardy & Bacon, LLP, Gerald V. Barron, San Francisco, Mordecai D. Boone, Tampa, FL, Womble, Carlyle, Sandridge & Rice, Jeffrey L. Furr, Christopher A. Kreiner, William E. Latham II, Winston-Salem, NC, for Defendants and Appellants.

Wartnick, Chaber, Harowitz & Tigerman, Harry F. Wartnick, Madelyn J. Chaber, Robert M. Brown, San Francisco, Law Offices of Daniel U. Smith, Daniel U. Smith, Los Angeles, Ted W. Pelletier, for Respondent.

KLINE, P.J.

Introduction

Defendants Philip Morris Inc. (Philip Morris) and R.J. Reynolds Tobacco Company (R.J. Reynolds) appeal from a judgment of $21,689,117 (including $20 million in punitive damages) following a jury verdict in favor of Leslie Whiteley (Whiteley), a smoker who was diagnosed with lung cancer in 1998 and died in July 2000, and her husband, plaintiff Leonard Whiteley.

Defendant tobacco companies urge us to reverse the judgment, claiming...

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