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THOMPSON v. BROWN & WILLIAMSON TOBACCO CORP.

No. WD 63897.

207 S.W.3d 76 (2006)

Michael S. THOMPSON and Christi Thompson, Respondents, v. BROWN & WILLIAMSON TOBACCO CORPORATION and Philip Morris USA Inc., Appellants.

Missouri Court of Appeals, Western District.

Application for Transfer Denied September 26, 2006.

Application for Transfer Denied December 19, 2006.

Attorney(s) appearing for the Case

Kenneth B. McClain, Scott B. Hall, and Christopher R. Miller, Independence, MO, Gregory Leyh, Gladstone, MO, for Respondents.

Thomas E. Deacy, Jr., Spencer J. Brown, and Brian G. Fedotin, Kansas City, MO, Murray R. Garnick and James M. Rosenthal, Washington, D.C., for Appellant Philip Morris USA Inc.

Robert H. Klonoff, Washington, DC, Frank C. Woodside, III, and Mary-Jo Middelhoff, Cincinnati, OH, for Appellant Brown & Williamson Tobacco Corporation.

Before SPINDEN, P.J., and HOWARD and HOLLIGER, JJ.

Application for Transfer to Supreme Court Denied September 26, 2006.

VICTOR C. HOWARD, Judge.

Brown and Williamson Tobacco Corporation ("B & W") and Philip Morris USA Inc. ("PM USA") appeal the judgment of the trial court awarding damages to Michael Thompson for personal injury based on negligence and strict product liability for product defect and failure to warn, and to his wife, Christi Thompson, for loss of consortium resulting from Michael Thompson...

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