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HAGLUND v. PHILIP MORRIS INCORPORATED

446 Mass. 741 (2006)

BRENDA HAGLUND, executrix, v. PHILIP MORRIS INCORPORATED.

Supreme Court of Massachusetts, Worcester.

May 18, 2006.

Attorney(s) appearing for the Case

Stephen R. Fine (Charles M. Healey, III, with him) for the plaintiff.

Paul E. Nemser (Roberto M. Braceras with him) for the defendant.

The following submitted briefs for amici curiae:

David R. Geiger, Ashley A. Weaver, & Jonathan M. Harrison for Product Liability Advisory Council, Inc.

Edward L. Sweda, Jr., for Tobacco Control Resource Center, Inc.

Present: MARSHALL, C.J. GREANEY, IRH AND SPINA, COWIN, SOSMAN & CORDY, JJ.

MARSHALL, C.J.

We determine in this case whether a cigarette manufacturer in a wrongful death action predicated on breach of the warranty of merchantability may assert as an affirmative defense that the decedent smoker's use of cigarettes was "unreasonable." See Correia v. Firestone Tire and Rubber Co., 388 Mass. 342, 356 (1983) (in warranty liability action, "the user's negligence does not prevent recovery except...

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