Henry W. Boerner, Individually and as Administrator of the Estate of Mary Jane Boerner, Deceased v. Brown & Williamson Tobacco Corporation

WOLLMAN, Chief Judge.

The district court granted summary judgment to Brown & Williamson Tobacco Company in this action arising from Mary Jane Boerner’s development of and death from lung cancer. We affirm in part and reverse in part.

I

Mary Jane Boerner (Mrs. Boerner) began smoking in 1945, at the age of fifteen. Pall Mall cigarettes, an unfiltered variety manufactured by the American Tobacco Company, were her brand of choice until 1981, when she quit with the encouragement of her family and through the “intervention of God.” Mrs. Boerner was diagnosed with lung cancer in July of 1996, and she…