SHAW V. BROWN &: WILLIAMSON TOBACCO CORP.
973 F. Supp. 539 (D. Md. 1997)
NATURE OF THE CASE: Shaw (Ps) filed a products liability action against Brown (D) for
battery, defective design, negligent misrepresentation, breach of warranty, and loss of
consortium and D filed a motion to dismiss.
FACTS: P was employed as a truck driver and routinely traveled in an enclosed truck with
a co-worker who smoked Raleigh cigarettes, manufactured, produced, and distributed by D. P
did not smoke cigarettes at any time during his employment but P was diagnosed with lung
cancer in 1992. Ps allege that he developed lung cancer as a result of his exposure to
second-hand or environmental tobacco smoke. Ps filed suit and D moved to dismiss.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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