Levi v. Brown & Williamson Tobacco Corporation

MEMORANDUM OPINION

EMMET G. SULLIVAN, District Judge.

This matter is before the Court on the defendants’ joint motion to dismiss. For the reasons discussed below, the motion will be granted.

I. BACKGROUND

Plaintiff and his sisters “witnessed [their] mother Mrs. Julia Ellen Waring smoke cigarettes on a daily basis[,] roughly two packs a day for over 40 years.” Compl. at 2; see id. at 3. Mrs. Waring “smoked a variety of cigarette[e]s” which plaintiff purchased for her at neighborhood stores between January 1973 and January 1992. Id. at 3. Mrs. Waring “became addicted to cigarettes and was unable to…