Lowe v. Philip Morris USA, Inc.

*407KISTLER, J.

Plaintiff brought this action alleging that defendants’ negligent manufacture and sale of cigarettes caused her to suffer a “significantly increased risk of developing lung cancer” and that, as a result, it was “reasonable and necessary” for her to undergo “[p]eriodic medical screening.” She sought injunctive relief requiring the “creation of a court-monitored program of medical monitoring, smoking cessation and education” for her and approximately 400,000 similarly situated Oregonians. Defendants moved to dismiss plaintiff’s complaint on the ground that it did not allege a present…