Evans v. Lorillard Tobacco Co.

Marie Evans died at fifty-four years old from small cell lung cancer caused by smoking cigarettes. Marie's son, Willie Evans, filed this action against Lorillard Tobacco Company (Defendant), the designer and manufacturer of Newport brand cigarettes. A jury (1) found Defendant caused Marie's wrongful death based on various theories of liability; (2) found Marie also to be negligent, and apportioned a percentage of the comparative negligence to her; (3) awarded damages to Plaintiff for the loss of Marie's companionship and awarded damages to Marie's estate for her conscious pain and suffering; and (4) awarded punitive damages. The judge also found Lorillard violated Mass. Gen. Laws ch. 93A, 2. The Supreme Court reversed in part, holding (1) the jury was not adequately instructed regarding the claim of wrongful death based on the theories of negligent design and marketing, and therefore, the jury's finding that Marie's wrongful death was caused by Lorillard's negligence and the award of punitive damages must be vacated; and (2) the judge erred in finding Lorillard committed unfair acts or practices in the conduct of trade or commerce, and therefore, Plaintiff's claim under chapter 93A must be vacated. Remanded. View "Evans v. Lorillard Tobacco Co." on Justia Law