Legal Opinion

Fabiano v. Philip Morris Inc.

New York Supreme Court

Decided July 13, 2010PublishedCited by 2 opinions

1Opinion of the Court

OPINION OF THE COURT

Emily Jane Goodman, J.

This tobacco products liability action is brought by Lorilynn Fabiano Wojciehowski and Cosmo Fabiano (plaintiffs), the daughter and husband of the decedent Maureen Fabiano (herein decedent or smoker), who seek to recover damages for her injuries and death. Their theory implicitly characterizes all cigarettes as weapons of mass destruction. Decedent smoked cigarettes manufactured by defendants for a period of 36 years, and died of lung cancer allegedly as a result of her addiction. Defendants R.J. Reynolds Tobacco Company, Brown & Williamson Holdings,…

2Cases cited15 opinions

  1. Voss v. Black & Decker Manufacturing Co.New York Court of Appeals · 1983
  2. Bailey v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2000
  3. Jones v. Surrey Cooperative Apartments, Inc.Appellate Division of the Supreme Court of the State of New York · 1999
  4. Dinallo v. DAL ElectricAppellate Division of the Supreme Court of the State of New York · 2009
  5. Felix v. Akzo Nobel Coatings, Inc.Appellate Division of the Supreme Court of the State of New York · 1999

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3Cited by2 opinions

  1. Matter of Pettus v. Board of DirectorsAppellate Division of the Supreme Court of the State of New York · 2017
  2. Haglund v. Philip Morris Inc.Massachusetts Superior Court · 2011

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