Carter v. Brown & Williamson Tobacco Corporation

Grady Carter (plaintiff) smoked cigarettes for 44 years. On January 29, 1991, Carter coughed up blood. Carter quit smoking that same day, concerned that his symptoms were caused by either lung cancer or tuberculosis, to which he had been recently exposed. Carter saw his doctor, Dr. Decker, on February 4, 1991. Dr. Decker took chest x-rays, found a lesion on Carter’s lung, and referred Carter to a lung specialist, Dr Yergin. Carter saw Dr. Yergin on February 5, 1991, but Dr. Yergin was unsure at that time whether the lesion was caused by cancer or tuberculosis. Dr. Yergin performed numerous additional tests, including a biopsy. On February 14, 1991, Dr. Yergin formally diagnosed Carter with lung cancer. On February 10, 1995, Carter brought a products-liability action against Brown & Williamson Tobacco Corporation (BWTC) (defendant), the manufacturer of Carter’s cigarettes. BWTC moved for summary judgment, arguing that Carter’s lawsuit was barred by the applicable four-year statute of limitations. The trial court denied BWTC’s motion and held that Carter’s products-liability action was not barred by the statute of limitations. BWTC appealed. The appellate court reversed, holding that Carter’s claim was barred by the statute of limitations (1) because by February 4, 1991, when Carter saw Dr. Yergin, Carter knew, or should have known, that he had lung cancer and that the lung cancer was likely caused by cigarettes; and (2) therefore, Carter’s products-liability claim was untimely because it was not filed until February 10, 1995, over four years later. Carter appealed.