Rogers v. R.J. Reynolds Tobacco Co.

On Petition To Transfer

DICKSON, Justice

Yvonne and Richard Rogers sued the defendant tobacco companies for damages related to Richard's cancer. 1 After several years of litigation the first trial ended in a mistrial, A second trial resulted in a jury verdiet in favor of the tobacco companies and Rogers appealed. The Court of Appeals reversed and remanded the case for a new trial due to the trial court responding to a jury inquiry without first informing counsel. Rogers v. R.J. Reynolds Tobacco Co., 731 N.E.2d 36 (Ind.Ct.App.2000), reh'g denied. We granted transfer, and the plaintiffs appeal is…