Cantley v. Lorillard Tobacco Co., Inc.

Mikki Cantley, as personal representative of Harlon Godfrey, deceased, filed a wrongful death action against several tobacco-related defendants, alleging that those defendants had caused Godfrey's death; Godfrey had been a smoker.1 The trial judge, based on federal preemption grounds, entered a summary judgment for the defendant Lorillard Tobacco Company ("Lorillard") and entered a partial summary judgment for the defendant R.J. Reynolds Tobacco Company ("R.J. Reynolds"). After the summary judgments were made final pursuant to Rule 54(b), Ala.R.Civ.P., the plaintiff appealed. All parties to…