Tobacco.org

• Design-Defect Theory Upheld in Tobacco Suit 

The daughter and husband of a woman who died of lung cancer can proceed with their lawsuit against Philip Morris and other tobacco companies under a design-defect theory and can seek punitive damages in New York state court.

Manhattan Supreme Court Justice Charles E. Ramos' decisions in Fabiano v. Philip Morris, 102715/04, to allow the plaintiffs' design-defect and punitive damages claims to go forward were contrary to the findings reached one week ago by Southern District of New York Judge Charles L. Brieant, in Mulholland v. Philip Morris, 05-9908. . . .

In rejecting the tobacco company's motion to dismiss in Fabiano, Justice Ramos said that "the evidence presented by plaintiffs raise issues of fact as to whether defendants acted unreasonably in designing cigarettes by refusing to adopt safer technology, on its claim for negligently designed product."

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