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Jump to full article: West Virginia Supreme Court of Appeals, 2004-05-06
Intro: IN RE: TOBACCO LITIGATION (Medical Monitoring Cases), No. 31157 (Per Curiam)(Davis, J., disqualified)(Maynard, C.J., dissenting)(May 6, 2004). Affirming an order of the Circuit Court of Ohio County that upheld a jury's verdict declining to require the manufacturers of certain tobacco products to provide medical monitoring to individuals exposed to the potentially harmful effects of smoking. Holding that the jury's finding, arising from controverted testimony, that exposure to cigarette smoke does not "make it reasonably necessary for all class members to undergo periodic medical examinations different from what would be prescribed in the absence of exposure" amounts to a failure to establish one of the required factors set forth in Bower v. Westinghouse.
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