Major v. R.J. Reynolds Tobacco Co.

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Congress has expressed no intent to foreclose tort liability against cigarette manufacturers, even if liability may have some negative impact on the sale of cigarettes. But-for causation does not apply in a case of multiple causes, different combinations of which are sufficient to have caused the harm. In this case, after her husband died of lung cancer, plaintiff filed suit against several cigarette manufacturers, including Lorillard, as well as manufacturers of asbestos to which he had been exposed. All defendants settled except Lorillard. The court held that federal law did not preempt plaintiff's claim; Lorillard was not entitled to an instruction that cigarettes were lawful; the trial court did not err in refusing to instruct on but-for causation; there was sufficient evidence that the defective cigarette design was a substantial factor in causing plaintiff's husband's cancer; the trial court did not prejudicially err in excluding evidence of asbestos exposure and causation; and the trial court did not err in refusing to award prejudgment interest for the time the dismissal agreement was in effect. Accordingly, the court affirmed the judgment in all respects. View "Major v. R.J. Reynolds Tobacco Co." on Justia Law