Boerner v. Brown & Williamson Tobacco Co.

OPINION AND ORDER

MOODY, District Judge.

Procedural History

This suit was initiated by a complaint filed on June 19, 1998 by Henry W. Boerner and Mary Jane Boerner,- husband and wife, against Brown & Williamson Tobacco Company. The complaint sought money damages for injuries sustained by Mary Jane Boerner caused by smoking defendant’s cigarettes over a period of thirty-six years. Plaintiffs asserted theories of strict liability and negligence because of inadequate warnings from 1945 until 1981; defective design and manufacture of the cigarettes sold to Boerner; for fraud and deceit; and for…