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ESTATE OF SCHWARZ v. PHILIP MORRIS INC.

0002-01376; A118589.

135 P.3d 409 (2006)

206 Or. App. 20

The ESTATE OF Michelle SCHWARZ, Deceased, by and through her Personal Representative Paul Scott Schwarz, Respondent-Cross-Appellant, v. Philip Morris Incorporated, a foreign corporation, Appellant-Cross-Respondent, and Roths I.G.A. Foodliner, Incorporated, an Oregon Corporation, Defendant.

Court of Appeals of Oregon.

Resubmitted September 8, 2005.

Decided May 17, 2006.

Attorney(s) appearing for the Case

William F. Gary, Eugene, argued the cause for appellant-cross-respondent. With him on the briefs were Sharon A. Rudnick and Harrang Long Gary Rudnick P.C.

Maureen Leonard argued the cause for respondent-cross-appellant. With her on the briefs were Robert K. Udziela, D. Lawrence Wobbrock, Charles S. Tauman, and Richard A. Lane.

Before BREWER, Chief Judge, and EDMONDS, LANDAU, ARMSTRONG, LINDER, WOLLHEIM, SCHUMAN, ORTEGA, and ROSENBLUM, Judges.

Resubmitted En Banc September 8, 2005.

EDMONDS, J.

Defendant appeals a judgment based on a jury verdict that awarded plaintiff Richard Schwarz, the personal representative of the estate of his wife Michelle Schwarz (decedent), compensatory damages totaling $168,514.22 and punitive damages of $150 million against defendant Philip Morris Incorporated.1 Plaintiff alleged that decedent's death resulted from metastatic lung cancer that...

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