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LOWE v. PHILIP MORRIS USA, INC.

0111-11895; A123025.

142 P.3d 1079 (2006)

207 Or. App. 532

Patricia R. LOWE, individually and on behalf of all similarly-situated persons, Appellant, v. PHILIP MORRIS USA, INC.; RJ Reynolds Tobacco Company; Brown & Williamson Tobacco Corporation; Lorillard Tobacco Company and Liggett Group, Inc., foreign corporations, Respondents.

Court of Appeals of Oregon.

Decided September 6, 2006.

Attorney(s) appearing for the Case

James S. Coon, Portland, argued the cause for appellant. With him on the briefs was Swanson, Thomas & Coon. On the reply brief was Raymond F. Thomas.

William F. Gary, Eugene, argued the cause for respondents Philip Morris USA, Inc., RJ Reynolds Tobacco Company, Brown & Williamson Tobacco Corporation, and Lorillard Tobacco Company. On the joint brief were Roy Pulvers and Lindsay, Hart, Neil & Weigler, LLP, and Thomas Tongue and Dunn Carney Allen Higgins & Tongue LLP.

Douglas G. Pickett, Portland, and Martin, Bischoff, Templeton, Langslet & Hoffman LLP filed the brief for respondent Liggett Group, Inc.

Before LANDAU, Presiding Judge, and LINDER and ORTEGA, Judges.

LANDAU, P.J.

Plaintiff, a long-time cigarette smoker, filed a complaint for negligence against defendants, who are cigarette manufacturers. She alleged no current injury. Instead, she alleged that her accumulated exposure to cigarette smoke has increased her risk of contracting lung cancer some time in the future. That risk, she alleged, creates a current need for medical monitoring and smoking cessation treatment, which defendants should now be ordered to provide...

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