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Adamo v. Brown & Williamson Tobacco Corp.

Court of Appeals of New York
900 N.E.2d 966 (2008)


Facts

Norma Rose smoked a pack of regular cigarettes a day for more than 40 years. The cigarettes were manufactured by the American Tobacco Company and Philip Morris USA Inc. Norma developed lung cancer, and she and her husband (plaintiffs) sued American Tobacco’s successor, Brown & Williamson Tobacco Corp., and Philip Morris (defendants), alleging negligent product design. The trial jury found that American Tobacco and Philip Morris negligently designed the cigarettes Norma smoked. The Appellate Division reversed. Frank Adamo, as executor of Norma’s estate, appealed.

Rule of Law

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Issue

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Holding and Reasoning (Smith, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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