Naegele v. R.J. Reynolds Tobacco Co.
August 5, 2002, 28 Cal.4th 856
Plaintiff, Edwin Brigham smoked cigarettes from 1950 until 1996, when he was diagnosed with lung cancer. He sued defendants, R.J. Reynolds Tobacco Company and Brown & Williamson Tobacco Corporation seeking personal injury damages on theories of negligence, product liability, and fraud. Defendants demurred, citing an immunity statute as a bar to all of plaintiff's causes of action. The trial court sustained defendants' demurrer but granted plaintiff leave to amend the complaint.
When defendants thereafter demurred to plaintiff's first amended complaint, the trial court sustained the demurrer and dismissed plaintiff's lawsuit against defendants. On plaintiff's appeal, the Court of Appeal affirmed. Thereafter, the California Supreme Court granted plaintiff's petition for review.
