Legal Opinion

Evans v. Lorillard Tobacco Co.

Massachusetts Supreme Judicial Court

Decided June 11, 2013PublishedCited by 47 opinions

1Opinion of the CourtGants, J.

Marie R. Evans (Marie) died in 2002, at the age of *415fifty-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 of Newport cigarettes’ health hazards and addictive properties; negligence in the design, marketing, or distribution of Newport cigarettes; negligent distribution by giving free…

2Cases cited75 opinions

  1. Parklane Hosiery Co. v. ShoreSupreme Court of the United States · 1979
  2. Cipollone v. Liggett Group, Inc.Supreme Court of the United States · 1992
  3. Food & Drug Administration v. Brown & Williamson Tobacco Corp.Supreme Court of the United States · 2000
  4. Eastern Railroad Presidents Conference v. Noerr Motor Freight, Inc.Supreme Court of the United States · 1961
  5. United Mine Workers v. PenningtonSupreme Court of the United States · 1965

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3Cited by47 opinions

  1. Geshke v. Crocs, Inc.Court of Appeals for the First Circuit · 2014
  2. Town of Westport v. Monsanto Co.Court of Appeals for the First Circuit · 2017
  3. Reckis v. Johnson & JohnsonMassachusetts Supreme Judicial Court · 2015
  4. Bellermann v. Fitchburg Gas & Electric Light Co.Massachusetts Supreme Judicial Court · 2014
  5. Sharp v. Hylas Yachts, LLCCourt of Appeals for the First Circuit · 2017

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