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Tobacco company can't assert 'unreasonable use' defense, court says.
Publication:
Trial
Publication Date: 01-AUG-06 |
Format: Online
Delivery: Immediate Online Access |
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Full Article Title: Tobacco company can't assert 'unreasonable use' defense, court says.(Massachusetts) |
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Article Excerpt
The Supreme Judicial Court of Massachusetts has held unanimously that a cigarette manufacturer cannot assert "unreasonable use" as an affirmative defense in a case brought by the widow of a smoker who died of lung cancer. (Haglund v. Philip Morris, Inc., 847 N.E.2d 315 (Mass. 2006).)
"This is the first decision where this defense has been knocked down," said Stephen Fine of Manchester, New Hampshire, who represents the plaintiff. A lower court had dismissed the suit; the supreme court's May ruling reversed that decision and remanded the case for trial.
Brenda Haglund brought a wrongful death action, based on breach of warranty of merchantability, against Philip Morris. The company said that Stephen Haglund's unreasonable use of cigarettes barred any recovery. The plaintiff argued that...
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