POOSHS v. PHILIP MORRIS USA, INC.

No. S172023.

51 Cal.4th 788 (2011)

NIKKI POOSHS, Plaintiff and Appellant, v. PHILIP MORRIS USA, INC., et al., Defendants and Respondents.

Supreme Court of California.

May 5, 2011.


Attorney(s) appearing for the Case

Brayton ♦ Purcell, Alan R. Brayton , Gilbert L. Purcell and Lloyd F. LeRoy for Plaintiff and Appellant.

Law Office of Holly L. Hostrop and Holly L. Hostrop for Tobacco Trial Lawyers Association as Amicus Curiae on behalf of Plaintiff and Appellant.

Jones Day , Peter N. Larson , Stephen J. Kaczynski and Ashlie E. Case for Defendants and Respondents R.J. Reynolds Tobacco Co. and Brown & Williamson Holdings, Inc.

Munger, Tolles & Olson, Daniel P. Collins and David S. Han for Defendant and Respondent Philip Morris USA Inc.

Shook, Hardy & Bacon and Kevin Underhill for Defendant and Respondent Lorillard Tobacco Co.

Krieg, Keller, Sloan, Reilley & Roman, Stan G. Roman and Tracy M. Clements for Defendant and Respondent Hill & Knowlton, Inc.

Daniel J. Popeo , Richard A. Samp ; Bergeson and Mark E. Foster for Washington Legal Foundation as Amicus Curiae on behalf of Defendants and Respondents.


OPINION

KENNARD, J.

Plaintiff was a cigarette smoker for 35 years, from 1953 through 1987. In 1989, she was diagnosed with chronic obstructive pulmonary disease (COPD), which plaintiff knew was caused by her smoking habit. Nevertheless, she did not sue the manufacturers of the cigarettes that she had smoked, and the statutory period for doing so elapsed.

In 1990 or 1991, plaintiff was diagnosed with periodontal disease, which...

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