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BOEKEN v. PHILIP MORRIS USA, INC.

No. S162029.

48 Cal.4th 788 (2010)

108 Cal.Rptr.3d 806

230 P.3d 342

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

Supreme Court of California.

May 13, 2010.

Attorney(s) appearing for the Case

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

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

OPINION

KENNARD, J.

After plaintiff's husband, a cigarette smoker, was diagnosed with lung cancer, plaintiff filed a common law action for loss of consortium against defendant cigarette manufacturer, seeking compensation for the "permanent[]" loss of her husband's companionship and affection. That action was dismissed with prejudice. Then, after her husband's death from the lung cancer, plaintiff brought the current...

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