Justia Products Liability Opinion SummariesArticles Posted in Alaska Supreme Court
Hunter v. Philip Morris USA Inc.
Dolores Hunter, the personal representative of the estate of Benjamin G. Francis, appealed a series of orders following a jury verdict in a wrongful death, products liability, and fraud action against Philip Morris USA Inc. resulting from Francis’s death from lung cancer. Following the verdict, Hunter moved for a new trial on the basis of evidentiary rulings at trial and on the basis that the verdict was against the weight of the evidence. The superior court initially granted Hunter’s motion for a new trial based on the weight of the evidence but then granted Philip Morris’s motion to reconsider, vacated its first order and denied Hunter’s motion for a new trial. Because the superior court’s orders applied a test that was inconsistent with the “weight of the evidence” new trial standard the Alaska Supreme Court previously established to guide trial courts, the Supreme Court reversed and remanded for reconsideration of Hunter’s motion. View "Hunter v. Philip Morris USA Inc." on Justia Law