Anderson v. Fortune Brands, Inc.

OPINION OF THE COURT

Herbert Kramer, J.

Should a plaintiff in a New York products liability action be permitted to allege a cause of action for the willful failure to warn?1

Plaintiff Clyde Anderson smoked cigarettes manufactured by R.J. Reynolds, Lorillard and Philip Morris. The liability of the remaining defendant manufacturers2 and two industry-based research organizations is premised in part upon the theory that these defendants conspired to willfully fail to warn of the dangers of cigarette smoking.3

Defendants question, on policy grounds, the wisdom and fairness of submitting the willful…