Rose v. Brown & Williamson Tobacco Corp.

Catterson, J. (dissenting).

Because I believe that consistent with well-established principles of products liability jurisprudence the plaintiffs fulfilled their burden of demonstrating that a safer alternative was not only feasible but, in fact, was manufactured, I must respectfully dissent. Evidence adduced at trial sufficiently established that the safer alternative ultra light was the same as a regular cigarette in all respects save for its nonaddictive levels of nicotine and cancer-causing tar. Thus, I find no legal merit in the defendants’ assertion, which the majority supports, that the…