Legal Opinion

Barker v. Brown & Williamson Tobacco Corp.

California Court of Appeal

Decided March 29, 2001No. D036107PublishedCited by 7 opinions

1Opinion of the Court

Opinion

KREMER, P. J.

Larry Barker appeals the dismissal of his wrongful death suit against Brown & Williamson Tobacco Corporation (Brown) for the 1962 death of his father following the sustaining of a demurrer on the ground Barker’s claim was barred by the statute of limitations. On appeal, Barker contends the Legislature’s 1997 amendments to Civil Code 1 section 1714.45 abrogated the statute of limitations for tobacco-related wrongful death suits or, alternatively, revived his lawsuit. 2 Barker also contends Brown’s concealment of facts extended the limitations period. We affirm.

Discussion

I

The…

2Cases cited22 opinions

  1. Jolly v. Eli Lilly & Co.California Supreme Court · 1988
  2. Aetna Casualty & Surety Co. v. Industrial Accident CommissionCalifornia Supreme Court · 1947
  3. Horwich v. Superior CourtCalifornia Supreme Court · 1999
  4. Roberts v. City of PalmdaleCalifornia Supreme Court · 1993
  5. Broughton v. Cigna HealthplansCalifornia Supreme Court · 1999

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3Cited by7 opinions

  1. Carter v. Dept. of Veterans AffairsCalifornia Supreme Court · 2006
  2. Soliman v. Philip Morris IncorporatedCourt of Appeals for the Ninth Circuit · 2002
  3. People ex rel. Lockyer v. R.J. Reynolds Tobacco Co.California Supreme Court · 2005
  4. Soliman v. Philip Morris Inc.Court of Appeals for the Fifth Circuit · 2002
  5. Moore v. State Board of ControlCalifornia Court of Appeal · 2003

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