Boerner v. Brown & Williamson Tobacco Co.

ORDER

MOODY, District Judge.

Before the Court are defendant’s Motion to Dismiss and Motion for Summary Judgment. 1 The plaintiffs have responded to both motions and the Court has heard oral arguments. After careful consideration of the papers and arguments and for the reasons stated below, defendant’s motions are granted in part and denied in part.

Plaintiffs, Mary Jane Boerner and Henry W. Boerner, her husband, filed suit on June 19, 1998, against defendant Brown & Williamson Tobacco Company seeking compensatory and punitive damages for personal injuries and loss of consortium. In the…