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EVANS v. LORILLARD TOBACCO COMPANY

No. SJC-11179.

465 Mass. 411 (2013)

WILLIE EVANS, executor, v. LORILLARD TOBACCO COMPANY.

Supreme Judicial Court of Massachusetts, Suffolk.

June 11, 2013.

Attorney(s) appearing for the Case

Paul F. Ware, Jr. ( Kevin P. Martin & Andrew J. McElaney, Jr. , with him) for the defendant.

Michael D. Weisman ( Thomas Frisardi with him) for the plaintiff.

The following submitted briefs for amici curiae:

Robin S. Conrad , Kate C. Todd , & Lisa S. Blatt , of the District of Columbia, & Carolyn A. Pearce for Chamber of Commerce of the United States of America.

Hugh F. Young, Jr. , of Virginia, & David R. Geiger & Creighton Page for Product Liability Advisory Council, Inc.

Richard A. Samp , of the District of Columbia, & Donald R. Pinto, Jr. , for Washington Legal Foundation.

Ellen Vargyas , of the District of Columbia, & Lisa G. Arrowood & Katherine A.K. Mumma for American Legacy Foundation & others.

Michael B. Elefante for Tobacco Control Legal Consortium.

Steven J. Phillips & Victoria Phillips , of New York, & Christopher Weld, Jr. , Edward Foye , David C. Strouss , & Michael A. Lesser for Kathleen Donovan & another.

Emily G. Coughlin & Cynthia M. Kopka for Massachusetts Defense Lawyers Association.

Timothy C. Kelleher, III , & J. Michael Conley for Massachusetts Academy of Trial Attorneys.

Present: IRELAND, C.J., SPINA, CORDY, BOTSFORD, GANTS, & DUFFLY, JJ.

GANTS, J.

Marie R. Evans (Marie) died in 2002, at the age of fifty-four, from small cell lung cancer caused by smoking cigarettes. A jury found that the defendant, Lorillard Tobacco Company (Lorillard), the designer and manufacturer of Newport brand cigarettes, caused her wrongful death based on various theories of liability: breach of the implied warranty of merchantability because of design defect and inadequate warning...

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