Mayola WILLIAMS, Personal Representative of the Estate of Jesse D. Williams, Deceased, Respondent on Review,
v.
PHILIP MORRIS INCORPORATED, nka Philip Morris USA Inc., Petitioner on Review, and
RJ Reynolds Tobacco Company, Fred Meyer, Inc., and Philip Morris Companies, Inc., Defendants.
Supreme Court of Oregon.https://leagle.com/images/logo.png
Argued and Submitted May 10, 2005.
Decided February 2, 2006.
Attorney(s) appearing for the Case
William F. Gary, of Harrang Long Gary Rudnick P.C., Eugene, argued the cause and filed the briefs for petitioner on review. With him on the briefs were Sharon A. Rudnick and James E. Mountain, Jr.
James S. Coon, of Swanson, Thomas & Coon, Portland, argued the cause and filed the briefs for respondent on review. With him on the surreply brief were Raymond F. Thomas, Portland, Robert S. Peck, of Center for Constitutional Litigation PC, pro hac vice, Washington, D.C., William A. Gaylord, of Gaylord Eyerman Bradley PC, Portland, Charles S. Tauman, Portland, Kathryn H. Clarke, Portland, and Maureen Leonard, Portland.
Thomas W. Brown, of Cosgrave Vergeer Kester LLP, Portland, filed the briefs for amicus curiae Associated Oregon Industries.
Thomas W. Sondag, of Lane Powell PC, Portland, filed the brief for amicus curiae Chamber of Commerce of the United States of America.
Steven C. Berman, of Stoll Stoll Berne Lokting & Shlachter P.C., Portland, filed the brief for amici curiae Alliance for Lung Cancer Advocacy, Support and Education; American Cancer Society (Greatwest Division); American Heart Association; American Lung Association of Oregon; and Tobacco Free Coalition of Oregon.
David F. Sugerman, of Paul & Sugerman, PC, Portland, filed the brief for amici curiae Oregon Trial Lawyers Association and Oregon Consumer League.
Charles F. Adams and James A. Zehren, of Stoel Rives LLP, Portland, filed the brief for amicus curiae Oregon Business Association.
Before CARSON, Chief Justice, and GILLETTE, DURHAM, RIGGS, and De MUNIZ, Justices.
Supreme Court of Oregon.
GILLETTE, J.
This tort case arose out of the death of Jesse Williams, a smoker, who died of lung cancer. Plaintiff Mayola Williams is the widow of Jesse Williams and personal representative of his estate. Plaintiff sued defendant Philip Morris Inc. for, inter alia, negligence and fraud, asserting a causal connection between Jesse Williams's smoking habit and his death. A jury found for plaintiff on both causes of...
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