Evans v. Lorillard Tobacco Company (Lawyers Weekly No. 10-102-13)
NOTICE: All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports. If you find a typographical error or other formal error, please notify the Reporter of Decisions, Supreme Judicial Court, John Adams Courthouse, 1 Pemberton Square, Suite 2500, Boston, MA 02108-1750; (617) 557-1030; SJCReporter@sjc.state.ma.us SJC‑11179 WILLIE EVANS, executor,[1] vs. LORILLARD TOBACCO COMPANY. Suffolk. December 3, 2012. ‑ June 11, 2013. Present: Ireland, C.J., Spina, Cordy, Botsford, Gants, & Duffly, JJ. Tobacco. Wrongful Death. Negligence, Wrongful death, Duty to warn, Defective product, Adequacy of warning, Comparative, Gross negligence. Consortium. Parent and Child, Consortium. Wilful, Wanton, or Reckless Conduct. Conscious Pain and Suffering. Consumer Protection Act, Unfair or deceptive act. Uniform Commercial Code, Warranty. Warranty. Damages, Wrongful death, Loss of consortium, Punitive, Conscious pain and suffering. Jury and Jurors. Practice, Civil, Wrongful death, Challenge of jurors, Bias of judge, Mistrial, Dismissal, Instructions to jury. Collateral Estoppel. Estoppel. Res Judicata. Limitations, Statute of. Evidence, Findings in another proceeding, Relevancy and materiality. Civil action commenced in the Superior Court Department on June 28, 2004. The case was tried before Elizabeth M. Fahey, J., and motions for judgment notwithstanding the verdict, for a new trial, for remittitur, and to alter or amend findings of fact and judgment were heard by her. The Supreme Judicial Court granted an application for direct appellate review. Paul F. Ware, Jr. (Kevin P. Martin & Andrew J. McElaney, Jr., with him) for the defendant. Michael D. Weisman (Thomas Frisardi with him) for the plaintiff. The following submitted briefs for amici curiae: Robin S. Conrad, Kate C. Todd, & Lisa S. Blatt, of the District of Columbia, & Carolyn A. Pearce for Chamber of Commerce of the United States of America. Hugh F. Young, Jr., of Virginia, & David R. Geiger & Creighton Page for Product Liability Advisory Council, Inc. Richard A. Samp, of the District of Columbia, & Donald R. Pinto, Jr., for Washington Legal Foundation. Ellen Vargyas, of the District of Columbia, & Lisa G. Arrowood & Katherine A.K. Mumma for American Legacy Foundation & others. Michael B. Elefante for Tobacco Control Legal Consortium. Steven J. Phillips & Victoria Phillips, of New York, & Christopher Weld, Jr., Edward Foye, David C. Strouss, & Michael A. Lesser for Kathleen Donovan & another. Emily G. Coughlin & Cynthia M. Kopka for Massachusetts Defense Lawyers Association. Timothy C. Kelleher, III, & J. Michael Conley for Massachusetts Academy of Trial Attorneys. GANTS, J. Marie R. Evans (Marie) died in 2002, at the age of fifty-four, from small cell lung cancer caused by smoking cigarettes. […]