1. Home
  2. Browse Decisions
  3. A.D.3d
  4. 53 A.D.3d
  5. 53 A.D.3d 80 (2008)
 

ROSE v. BROWN & WILLIAMSON

53 A.D.3d 80 (2008)

855 N.Y.S.2d 119

NORMA ROSE et al., Respondents, v. BROWN & WILLIAMSON TOBACCO CORPORATION, as Successor in Interest to AMERICAN TOBACCO, et al., Appellants, et al., Defendant.

Appellate Division of the Supreme Court of the State of New York, First Department.

April 10, 2008.

Attorney(s) appearing for the Case

Mayer, Brown, Rowe & Maw LLP, New York City (Andrew H. Schapiro, Andrew L. Frey and Lauren R. Goldman of counsel), and Winston & Strawn LLP, New York City (Thomas J. Quigley and Luke A. Connelly of counsel), for Philip Morris USA Inc., appellant.

Chadbourne & Parke LLP, New York City (Thomas E. Riley and Allison M. Alcasabas of counsel), for Brown & Williamson Holdings, Inc., appellant.

Whiteman Osterman & Hanna LLP, Albany (Howard A. Levine, Alan J. Goldberg, Christopher W. Meyer, William S. Nolan and Christopher M. McDonald of counsel), and Finz & Finz, P.C., Jericho (Stuart L. Finz, Jay L. Feigenbaum and Todd M. Rubin of counsel), for respondents.

TOM, J.P., and MALONE, J., concur with FRIEDMAN, J. NARDELLI and CATTERSON, JJ., dissent in a separate opinion by CATTERSON, J.

OPINION OF THE COURT

FRIEDMAN, J.

Plaintiff Norma Rose developed lung cancer and neurological damage as the result (it is undisputed) of decades of cigarette smoking. In this action, a jury returned a verdict in favor of Ms. Rose and her husband (suing derivatively) on their claim that the cigarettes she smoked from the 1960s to 1993 were negligently designed. Specifically, it was plaintiffs' contention that, during the years in question, the relevant tobacco...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases