Quimbee logo
DMCA.com Protection Status
From our private database of 17,600+ case briefs...

Marsee v. United States Tobacco Company

United States Court of Appeals for the Tenth Circuit
866 F.2d 319 (10th Cir. 1989)


Betty Ann Marsee’s husband, Sean, died from oral cancer. Marsee (plaintiff) brought a products-liability suit against United States Tobacco Company (USTC) (defendant), the manufacturer of a snuff product. Marsee alleged that Sean’s use of USTC’s snuff had caused his cancer. At trial, Marsee called Dr. Kent Westbrook as an expert witness. Westbrook testified that, in his opinion, using snuff could cause oral cancer. Westbrook also testified that, based on his review of Sean’s case, Sean’s cancer was caused by USTC’s snuff. On redirect examination, Westbrook testified that he had spoken with other doctors about snuff’s tendency to cause cancer. At this point, USTC objected on hearsay grounds. The district court sustained the objection and excluded any details of conversations that Westbrook had with other doctors about other patients. The jury found in favor of USTC. Marsee appealed, arguing that the district court erred by excluding Westbrook’s additional testimony.

Rule of Law


Holding and Reasoning (Seth, J.)

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 458,000 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 458,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 17,600 briefs, keyed to 984 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.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial