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FABIANO v. PHILIP MORRIS USA INC.

SJC-13282 SJC-13346.

492 Mass. 361 (2023)

GRACE FABIANO, personal representative, v. PHILIP MORRIS USA INC. & others. MARY FULLER, personal representative, v. R.J. REYNOLDS TOBACCO COMPANY & another.

Supreme Judicial Court of Massachusetts, Suffolk, Barnstable.

July 6, 2023.

Attorney(s) appearing for the Case

Shea T. Moxon , of Florida, for Grace Fabiano.

Andrew Rainer for Mary Fuller.

Scott A. Chesin ( Elliott M. Davis also present) for Philip Morris USA Inc. & another.

Victoria Cuneo Powell , of Georgia ( Jason T. Burnette , of Georgia, also present) for R.J. Reynolds Tobacco Company & another.

The following submitted briefs for amici curiae:

Kevin W. Buono for Massachusetts Defense Lawyers Association.

Samuel Goldblatt & Kurt M. Mullen for Product Liability Advisory Council.

Peter J. Ainsworth , Thomas R. Murphy , Kevin J. Powers , Elizabeth N. Mulvey , & J. Michael Conley for Massachusetts Academy of Trial Attorneys.

Present: Budd, C.J., Gaziano, Lowy, Cypher, Kafker, Wendlandt, & Georges, JJ.

In GGNSC Admin. Servs., LLC v. Schrader, 484 Mass. 181, 191 (2020) (GGNSC), we held that wrongful death actions brought under G. L. c. 229, § 2, are derivative of a decedent's own cause of action for personal injury, and unless the decedent "could have brought an action for the injuries that caused [his or her] death," a wrongful death...

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