Marsee v. United States Tobacco Company

866 F.2d 319 (10th Cir. 1989)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

Betty Ann (P), brought this products liability action against D on behalf of the estate of her late son, Marvin Sean Marsee. P alleged that D's snuff products caused her son to develop oral cancer which led to his early death. It was undisputed that Sean Marsee had used D's product, Copenhagen Brand Snuff, from the age of twelve until he developed cancer at the age of eighteen. Sean used four or more cans of the product per week during this six-year period. He was diagnosed with cancer of the right lateral border area of the tongue. Despite three operations, the cancer spread throughout the oral cavity. Sean died nine months after his cancer was first diagnosed. The trial turned on causation. P called thirty-one witnesses, including fourteen experts, and introduced 140 exhibits. A Dr. Westbrook was called by P in her case-in-chief and again in rebuttal to testify on the issue of causation. He expressed his opinion that, in general, the use of snuff is a cause of oral cancer. He also expressed the opinion that Sean's cancer of the tongue was caused by the use of D's snuff products. That opinion was based on Dr. Westbrook's experience in treating oral cancer patients, on his review of the literature on oral cancer, and on his review of Sean's case history. Dr. Westbrook also wanted to testify as to the particulars of other patients he researched. D objected and the trial court sustained D's hearsay objection to any further testimony by Dr. Westbrook on the details of these conversations. D got the verdict and P appealed.