Pooshs v. Philip Morris USA, Inc.
California Supreme Court
51 Cal. 4th 788, 123 Cal. Rptr. 3d 578, 250 P.3d 181 (2011)
- Written by Mary Phelan D'Isa, JD
Facts
The United States Court of Appeals for the Ninth Circuit certified two questions to the California Supreme Court in a case in which the plaintiff, a 35-year cigarette smoker, was attempting to sue cigarette manufacturers for her 2003-diagnosed lung cancer after the plaintiff was diagnosed with chronic obstructive pulmonary disease in 1987 and with periodontal disease in 1990 or 1991, both of which were caused by her smoking habit; she did not sue the cigarette manufacturers either time and allowed the statutory limitations periods for those claims to lapse. The two questions asked were whether under California law: (1) two separate physical injuries arising out of the same wrongdoing may be considered as invading two different primary rights under California law; and (2) whether two separate physical injuries—both caused by a plaintiff’s tobacco use—may be considered qualitatively different for purposes of determining when the applicable limitations period begins to run.
Rule of Law
Issue
Holding and Reasoning (Kennard, J.)
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