Boeken v. PHILIP MORRIS USA, INC.

Opinion

KENNARD, J.

After plaintiff’s husband, a cigarette smoker, was diagnosed with lung cancer, plaintiff filed a common law action for loss of consortium *792against defendant cigarette manufacturer, seeking compensation for the “permanente ” loss of her husband’s companionship and affection. That action was dismissed with prejudice. Then, after her husband’s death from the lung cancer, plaintiff brought the current wrongful death action against defendant, again seeking compensation for the loss of her husband’s companionship and affection.

The doctrine of res judicata prohibits a second suit…