Adamo v. Brown & Williamson Tobacco Corporation

900 N.E.2d 966 (2008)

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Nature of the Case

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Facts

Ps claim that two cigarette companies were negligent in designing their product, in that they should have used lower levels of tar and nicotine. Norma Rose (P) smoked a pack of regular cigarettes a day for more than 40 years. The brands she smoked were manufactured by the American Tobacco Company and Philip Morris USA Inc. The brands she smoked were manufactured by the American Tobacco Company, and Philip Morris USA Inc. Rose (P) quit smoking in 1993. She developed lung cancer two years later, and Ps, she and her husband, sued D, the successor in interest, alleging negligent product design. All their claims except one for negligent product design were dismissed at the trial level. A jury found that D negligently designed the cigarettes. The Appellate Division reversed. Ps appealed.