BOEKEN v. PHILIP MORRIS USA, INC.

No. B198220.

72 Cal.Rptr.3d 454 (2008)

159 Cal.App.4th 1391

Judy BOEKEN, Plaintiff and Appellant, v. PHILIP MORRIS USA, INC., Defendant and Respondent.

Court of Appeal of California, Second District, Division Five.

February 11, 2008.


Attorney(s) appearing for the Case

Law Offices of Michael J. Piuze, Michael J. Piuze, Los Angeles; and Kenneth Chesebro for Plaintiff and Appellant.

Horvitz & Levy, Lisa Perrochet, Adam M. Flake, Encino; Shook, Hardy & Bacon, Lucy E. Mason and Patrick J. Gregory, San Franscico, for Defendant and Respondent.


MOSK, J.

INTRODUCTION

In affirming the trial court's judgment of dismissal, we hold that the final adjudication on the merits of plaintiffs loss-of-consortium claim against defendant results in a res judicata bar of plaintiffs subsequent wrongful death action for loss-of-consortium damages against' defendant arising from the same injury to plaintiffs spouse that was the basis of the adjudicated loss-of-consortium claim.

BACKGROUND

In March...

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