Evans v. Lorillard Tobacco Co.

Fahey, Elizabeth M., J.

INTRODUCTION

This case was tried before a jury for 14 days in November and December 2010. This Court reserved the Plaintiffs Chapter 93A claim and now states its Findings of Fact and Rulings of Law and Order of Judgment.

The jury found that the defendant Lorillard Tobacco Company (“Lorillard”) negligently marketed (Count VII) and negligently failed to warn (Count VII) consumers, including Marie Evans in its marketing efforts, both pre-1979 and post-1979. The jury also found that Lorillard breached the implied warranty of merchantability (Count III) in that the cigarettes…