Legal Opinion

Tompkin v. Philip Morris USA, Inc.

Court of Appeals for the Sixth Circuit

Decided March 30, 2004No. 02-3267, 02-3309PublishedCited by 55 opinions

1Opinion of the Court

OPINION

ROGERS, Circuit Judge.

Plaintiff Jocelyn Tompkin sued the defendant tobacco companies, alleging that her husband, David Tompkin, died as a result of smoking cigarettes sold by the defendants. 1 Tompkin asserted statutory and common law products liability claims. After this court reversed the district court’s grant of summary judgment in favor of the defendants, the case proceeded to trial. A jury found for the defendants, and Tompkin now appeals.

Tompkin raises three issues on appeal. Specifically, she claims that the district court erred by (1) admitting “surprise” testimony from a…

2Cases cited17 opinions

  1. Temple v. Wean United, Inc.Ohio Supreme Court · 1977
  2. Sheila L. Logan v. Dayton Hudson Corporation, a Minnesota Corporation Kellermeyer Building Services, Inc., an Ohio CorporationCourt of Appeals for the Sixth Circuit · 1989
  3. Dr. Martin TREPEL, Plaintiff-Appellant-Cross-Appellee, v. ROADWAY EXPRESS, INC. Defendant-Appellee/Cross-AppellantCourt of Appeals for the Sixth Circuit · 1999
  4. In Re Air Crash Disaster.Court of Appeals for the Sixth Circuit · 1996
  5. Kenneth M. Romstadt v. Allstate Insurance CompanyCourt of Appeals for the Sixth Circuit · 1995

12 more not listed; retrieve them via the Exa API.

3Cited by55 opinions

  1. Gina Glazer v. Whirlpool CorporationCourt of Appeals for the Sixth Circuit · 2013
  2. Philecia Barnes v. City of CincinnatiCourt of Appeals for the Sixth Circuit · 2005
  3. Betts v. Costco Wholesale Corp.Court of Appeals for the Sixth Circuit · 2009
  4. United States v. Kelvin Mondale NewsomCourt of Appeals for the Sixth Circuit · 2006
  5. Philip Workman v. Governor Phil BredesenCourt of Appeals for the Sixth Circuit · 2007

50 more not listed; retrieve them via the Exa API.

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