Logourl black
From our private database of 14,100+ case briefs...

Boeken v. Philip Morris USA, Inc.

California Supreme Court
230 P.3d 342 (2010)


Facts

Richard Boeken began smoking cigarettes in 1957 and was diagnosed with lung cancer in 1999. Richard sued Philip Morris USA Inc. (Philip Morris) (defendant) in 2000 for causing his cancer. Richard received over $5.5 million in compensatory damages and $50 million in punitive damages. Also in 2000, Richard’s wife, Judy Boeken (plaintiff), sued Philip Morris, alleging a claim of common law loss of consortium. Judy alleged that Philip Morris’s wrongful conduct caused Richard’s lung cancer, which rendered Richard unable to perform his necessary spousal duties. Judy alleged that Richard would not be able to perform spousal work in the future. A few months later, Judy dismissed her lawsuit with prejudice. Richard died in 2002, and Judy filed a wrongful death action against Philip Morris. Philip Morris filed a motion to dismiss, or a demurrer, alleging that the wrongful death claim was barred by the doctrine of res judicata. The trial court granted the demurrer. The California Supreme Court granted review.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision.

To access this section, please start your free trial or log in.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question.

To access this section, please start your free trial or log in.

Holding and Reasoning (Kennard, J.)

The holding and reasoning section includes:

  • 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.).

To access this section, please start your free trial or log in.

Dissent (Moreno, J.)

The dissent section is for members only and includes a summary of the dissenting judge or justice’s opinion.

To access this section, please start your free trial or log in.

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 222,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.