Haglund v. Phillip Morris, Inc.
Massachusetts Supreme Court
847 N.E.2d 315, 446 Mass. 741 (2006)
- Written by Elliot Stern, JD
Facts
Brenda Haglund (plaintiff) filed a wrongful-death products-liability lawsuit against cigarette manufacturer Phillip Morris Incorporated (defendant) following the death of Brenda’s husband, Stephen Haglund, who had been a long-time smoker. Phillip Morris conceded that cigarette smoking was inherently dangerous and there was no safe way to smoke a cigarette. However, Phillip Morris compared cigarette smoking to other products such as candy or guns, which consumers choose to use despite their possible harm as a byproduct of normal use. Phillip Morris argued that Stephen’s decision to start and to continue to smoke cigarettes constituted unreasonable use of cigarettes and that such unreasonable use of a product constituted an affirmative defense against a products-liability claim. Brenda submitted a motion for summary judgment to preclude such an affirmative defense on the ground that a cigarette was an inherently dangerous product that caused injury even when used for its ordinary purpose. The court denied the motion and dismissed the lawsuit against Phillip Morris. Brenda appealed, and the state supreme court granted the petition for appellate review.
Rule of Law
Issue
Holding and Reasoning (Marshall, C.J.)
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