Posts tagged "Tobacco"

Bennett v. R.J. Reynolds Tobacco Company (Lawyers Weekly No. 09-007-18)

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COMMONWEALTH OF MASSACHUSETTS

 

SUFFOLK, ss                                                                                             SUPERIOR COURT

CIVIL ACTION

  1. 2017-0603-BLS1

 

 

TINA BENNETT, INDIVIDUALLY and as PERSONAL REPRESENTATIVE of the ESTATE OF DAVID BENNETT

 

vs.

 

R.J. REYNOLDS TOBACCO COMPANY, individually and as successor by merger to LORILLARD TOBACCO CO., PHILIP MORRIS USA, INC., and GLOBAL PARTNERS, L.P.

 

 

MEMORANDUM OF DECISION AND ORDER ON

DEFENDANTS’ MOTION TO DISMISS

In this action the plaintiff, Tina Bennett, alleges claims for wrongful death and civil conspiracy against the defendants[1].  She brings these claims as the Personal Representative of the Estate of David Bennett (David and the Estate).[2]  The defendants have moved to dismiss the complaint on the grounds that Ms. Bennett was appointed as the personal representative of the Estate under G.L. c. 190B, § 3-108 (4) of the Uniform Probate Code (UPC or the Code), and an appointment under that provision of the Code does not carry with it the authority to bring either a wrongful death action under G.L. c. 229, § 2 or a tort claim that belonged to the plaintiff’s decedent at the time of his death and had become an asset of the estate. [3] read more

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Posted by Massachusetts Legal Resources - February 2, 2018 at 9:29 am

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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NOTICE:  All slip opinions and orders are subject to formal revision and are superseded by the advance sheets and bound volumes of the Official Reports.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.

TobaccoWrongful DeathNegligence, Wrongful death, Duty to warn, Defective product, Adequacy of warning, Comparative, Gross negligence.  ConsortiumParent and Child, Consortium.  Wilful, Wanton, or Reckless ConductConscious Pain and SufferingConsumer Protection Act, Unfair or deceptive act.  Uniform Commercial Code, Warranty.  WarrantyDamages, Wrongful death, Loss of consortium, Punitive, Conscious pain and suffering.  Jury and JurorsPractice, Civil, Wrongful death, Challenge of jurors, Bias of judge, Mistrial, Dismissal, Instructions to jury.  Collateral EstoppelEstoppelRes JudicataLimitations, Statute ofEvidence, Findings in another proceeding, Relevancy and materiality. read more

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Posted by Massachusetts Legal Resources - June 11, 2013 at 6:48 pm

Categories: News   Tags: , , , , , ,