Legal Opinion

Christensen v. Philip Morris USA Inc.

Court of Special Appeals of Maryland

Decided June 8, 2005No. 02136 Sept. Term, 2003PublishedCited by 8 opinions

1Opinion of the CourtHollander, J.

This appeal involves the interplay of the statute of limitations, the discovery rule, and the doctrine of equitable tolling, and the competing policies that support each one. Russell E. Christensen (“Christensen” or the “Decedent”), was diagnosed with lung cancer in mid 1998. Although Christensen had been a cigarette smoker for thirty years, he had ceased smoking more than twenty years before he was diagnosed with lung cancer, from which he died on January 17, 2001, at the age of seventy-three.

On August 18, 2001, Nona Christensen, appellant, the Decedent’s widow, individually and as…

2Cases cited76 opinions

  1. Amchem Products, Inc. v. WindsorSupreme Court of the United States · 1997
  2. Eisen v. Carlisle & JacquelinSupreme Court of the United States · 1974
  3. Coopers & Lybrand v. LivesaySupreme Court of the United States · 1978
  4. United States v. KubrickSupreme Court of the United States · 1979
  5. American Pipe & Construction Co. v. UtahSupreme Court of the United States · 1974

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3Cited by8 opinions

  1. Shawn Bridges Levander Jones Lakeithia Webb Tashima Nicholson Calvin Thorpe, Jr. Latia Thorpe Cynthia Walker Evan Thorpe Calvin Thorpe, Sr. Samuel Williams Janice Springs Terry Postell Kenneth Moody Frank Willis Joseph Kahoe Nallie Hairston Kenwin Baylor Calvin Postell Maryland State Conference of Naacp Branches, on Behalf of Itself, Its Members, and the Class Gary D. Rodwell, on Behalf of Himself and All Other Persons Similarly Situated Johnston E. Williams, on Behalf of Himself and All Other Persons Similarly Situated James E. Alston, Jr., on Behalf of Himself and All Other Persons Similarly Situated Yancey Taylor, on Behalf of Herself, Their Son Y.T., Jr., and All Other Persons Similarly Situated Aleshia Taylor, on Behalf of Herself, Her Minor Son, Y.T., Jr., and All Other Persons Similarly Situated George W. Taylor, Jr., on Behalf of Himself and All Other Persons Similarly Situated Eric Anthony, on Behalf of Himself and All Other Persons Similarly Situated Nelson D. Walker, on Behalf of Himself and All Other Persons Similarly Situated Ras Ra I, F/k/a Mecca Agundabo, I, on Behalf of Himself and All Other Persons Similarly Situated John S. Means Kenneth R. Jeffries Diana Desmoines William M. Berry Verna A. Bailey, the Above on Behalf of Herself and All Other Persons Similarly Situated v. Department of Maryland State Police David B. Mitchell, Individually and in His Official Capacity as Secretary of the Department of Maryland State Police Jesse Graybill, Individually and in His Official Capacity as Commander of the Field Operations Bureau of the Department of Maryland State Police George H. Hall, Individually and in His Official Capacity as Commander of the Northern Region of the Field Operations Bureau of the Department of Maryland State Police Vernon Betkey, Individually and in His Official Capacity as a Maryland State Police Barrack Commander Keven L. Gray, Individually and in His Official Capacity as a Maryland State Police Barrack Commander John E. Appleby, Individually George P. Brantly, Individually and in His Official Capacity as a Maryland State Trooper Bernard M. Donovan, Individually and in His Official Capacity as a Maryland State Trooper Steven W. Dulski, Individually and in His Official Capacity as a Maryland State Trooper Melvin Fialkewicz, Individually John R. Greene, Individually and in His Official Capacity as a Maryland State Trooper Steven L. Hohner, Individually and in His Official Capacity as a Maryland State Trooper Clifford T. Hughes, Individually and in His Official Capacity as a Maryland State Trooper David B. Hughes, Individually and in His Official Capacity as a Maryland State Trooper Michael T. Hughes, Individually and in His Official Capacity as a Maryland State Trooper Steven O. Jones, Individually and in His Official Capacity as a Maryland State Trooper James E. Nolan, Individually and in His Official Capacity as a Maryland State Trooper Paul J. Quill, Individually and in His Official Capacity as a Maryland State Trooper Christopher Tideberg, Individually and in His Official Capacity as a Maryland State Trooper Ernest S. Tullis, Individually and in His Official Capacity as a Maryland State Trooper Michael D. Wann, Individually and in His Official Capacity as a Maryland State Trooper Billy White, Individually and in His Official Capacity as a Maryland State Trooper John L. Wilhelm, Individually and in His Official Capacity as a Maryland State Trooper Eric Harbold, Individually and in His Official Capacity as a Maryland State Trooper Mark A. Rhinehart, Individually and in His Official Capacity as a Maryland State Trooper, Shawn Bridges Levander Jones Lakeithia Webb Tashima Nicholson Calvin Thorpe, Jr. Latia Thorpe Cynthia Walker Evan Thorpe Calvin Thorpe, Sr. Samuel Williams Janice Springs Terry Postell Kenneth Moody Frank Willis Joseph Kahoe Nallie Hairston Kenwin Baylor Calvin Postell Maryland State Conference of Naacp Branches, on Behalf of Itself, Its Members, and the Class Gary D. Rodwell, on Behalf of Himself and All Other Persons Similarly Situated Johnston E. Williams, on Behalf of Himself and All Other Persons Similarly Situated James E. Alston, Jr., on Behalf of Himself and All Other Persons Similarly Situated Yancey Taylor, on Behalf of Herself, Their Son Y.T., Jr., and All Other Persons Similarly Situated Aleshia Taylor, on Behalf of Herself, Her Minor Son, Y.T., Jr., and All Other Persons Similarly Situated George W. Taylor, Jr., on Behalf of Himself and All Other Persons Similarly Situated Nelson D. Walker, on Behalf of Himself and All Other Persons Similarly Situated Mecca Agundabo, I, on Behalf of Himself and All Other Persons Similarly Situated John S. Means Kenneth R. Jeffries Diana Desmoines William M. Berry Verna A. Bailey, the Above on Behalf of Herself and All Other Persons Similarly Situated v. Department of Maryland State Police David B. Mitchell, Individually and in His Official Capacity as Secretary of the Department of Maryland State Police Jesse Graybill, Individually and in His Official Capacity as Commander of the Field Operations Bureau of the Department of Maryland State Police George H. Hall, Individually and in His Official Capacity as Commander of the Northern Region of the Field Operations Bureau of the Department of Maryland State Police Vernon Betkey, Individually and in His Official Capacity as a Maryland State Police Barrack Commander Keven L. Gray, Individually and in His Official Capacity as a Maryland State Police Barrack Commander John E. Appleby, Individually George P. Brantly, Individually and in His Official Capacity as a Maryland State Trooper Bernard M. Donovan, Individually and in His Official Capacity as a Maryland State Trooper Steven W. Dulski, Individually and in His Official Capacity as a Maryland State Trooper Melvin Fialkewicz, Individually John R. Greene, Individually and in His Official Capacity as a Maryland State Trooper Steven L. Hohner, Individually and in His Official Capacity as a Maryland State Trooper Clifford T. Hughes, Individually and in His Official Capacity as a Maryland State Trooper David B. Hughes, Individually and in His Official Capacity as a Maryland State Trooper Michael T. Hughes, Individually and in His Official Capacity as a Maryland State Trooper Steven O. Jones, Individually and in His Official Capacity as a Maryland State Trooper James E. Nolan, Individually and in His Official Capacity as a Maryland State Trooper Paul J. Quill, Individually and in His Official Capacity as a Maryland State Trooper Christopher Tideberg, Individually and in His Official Capacity as a Maryland State Trooper Ernest S. Tullis, Individually and in His Official Capacity as a Maryland State Trooper Michael D. Wann, Individually and in His Official Capacity as a Maryland State Trooper Billy White, Individually and in His Official Capacity as a Maryland State Trooper John L. Wilhelm, Individually and in His Official Capacity as a Maryland State Trooper Eric Harbold, Individually and in His Official Capacity as a Maryland State Trooper Mark A. Rhinehart, Individually and in His Official Capacity as a Maryland State TrooperCourt of Appeals for the Fourth Circuit · 2006
  2. Philip Morris USA, Inc. v. ChristensenCourt of Appeals of Maryland · 2006
  3. Bridges v. Department of Maryland State PoliceCourt of Appeals for the Fourth Circuit · 2006
  4. Adedje v. Westat, Inc.Court of Special Appeals of Maryland · 2013
  5. Antar v. Mike Egan Insurance Agency, Inc.Court of Special Appeals of Maryland · 2012

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