Lane, et al. v. R. J. Reynolds Tobacco Co., et al.
| Docket Number: | 2001-CA-00384-SCT Linked Case(s): 2001-CA-00384-SCT ; 2001-CA-00384-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 05-08-2003 Opinion Author: Pittman, C.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Wrongful death - Amendment of complaint - M.R.C.P. 15(a) - Products liability - Tobacco - Section 11-1-63 - Restatement (Second) of Torts § 402A Judge(s) Concurring: Smith, P.J., Waller, Cobb, Easley and Carlson, JJ. Non Participating Judge(s): McRae, P.J. Dissenting Author : Diaz and Graves, JJ. AND GRAVES, JJ. Procedural History: Summary Judgment Nature of the Case: CIVIL - PERSONAL INJURY |
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| Trial Court: |
Date of Trial Judgment: 12-18-2000 Appealed from: Forrest County Circuit Court Judge: Richard W. McKenzie Disposition: The trial court granted a motion for leave to amend and held that the plaintiffs did not state a claim upon which relief could be granted. Case Number: CI-98-0272 |
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| Consolidated: 2001-CA-01032-SCT Christine Lane and Cordelia Griffin, Wrongful Death Beneficiaries of Willie Lawrence Muse, Deceased v. Liggett Group, Inc., Liggett & Myers, Inc., and Brooke Group Ltd.; Forrest Circuit Court; LC Case #: CI-00-0239; Ruling Date: 05/29/2001; Ruling Judge: Richard McKenzie | ||
| Party Name: | Attorney Name: | |||
| Appellant: | Christine Lane and Cordelia Griffin, Wrongful Death Beneficiaries of Willie Lawrence Muse, Deceased |
JOHN HUBERT ANDERSON
JOHN HUBERT ANDERSON |
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| Appellee: | R. J. Reynolds Tobacco Company; Phillip Morris USA Inc.; Corr-Williams Company, Inc., successor by merger to Corr-Williams Tobacco Company, and C. W. C. Acquisition Company; Hattiesburg Grocery Company; and Brown & Williamson Tobacco Corporation | MICHAEL W. ULMER LEWIS W. BELL STEPHANIE E. PARKER JOHN F. YARBER MICHAEL B. WALLACE REBECCA L. HAWKINS WALKER (BILL) JONES, III SHERYL BEY STUART G. KRUGER TIFFANEE N. WADE BROOKE FERRIS JON MARK WEATHERS ROBERT L. GIBBS ANDREA LA'VERNE FORD EDNEY WILLIAM E. HUFFMAN, JR. WILLIAM L. DURHAM, II JESSE LEE HOWELL THOMAS A. COOK |
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| Topic: | Wrongful death - Amendment of complaint - M.R.C.P. 15(a) - Products liability - Tobacco - Section 11-1-63 - Restatement (Second) of Torts § 402A |
| Summary of the Facts: | Christine Lane, the daughter of Willie Muse, filed a wrongful death suit against several manufacturers, distributors and retailers of cigarettes (Liggett). Liggett filed a motion for judgment on the pleadings. The court granted the motion and entered a judgment on the pleadings. Lane filed both a motion for order to alter or amend and a motion for order allowing plaintiffs to amend. The court denied the motions and dismissed the complaint. Lane refiled her amended complaint but substituted new defendants (RJR). RJR filed a motion for judgement on the pleadings based on theories of collateral estoppel and res judicata. The court granted the motion and dismissed the matter. Lane appeals. |
| Summary of Opinion Analysis: | Issue 1: Amendment of complaint Lane argues that she had a right to amend her complaint within 30 days after the first dismissal under M.R.C.P. 15(a). At the time of the decision, Rule15(a) provided an absolute right to amend. Denial of the right was an abuse of discretion. Therefore, Lane was entitled to 30 days leave to amend. However, Lane failed to exercise her right within 30 days and therefore, the court’s decision was proper. Issue 2: Judgment on the pleadings Lane argues that section 11-1-63 does not preclude all product liability claims against tobacco companies as a matter of law but limits claims arising out of the use of unaltered tobacco, but not those arising out of the use of altered tobacco. To recover in a products liability action based on a design defect, plaintiffs must prove that at the time the product left the control of the manufacturer or seller the product was designed in a defective manner; the defective condition rendered the product unreasonably dangerous to the user or consumer; and the defective and unreasonably dangerous condition of the product was the proximate cause of plaintiff’s damages. Section 11-1-63(b) incorporates the principles of Restatement (Second) of Torts § 402A. The adoption of a law based on § 402A indicates that it was the intent of the Legislature to abate the large volume of tobacco litigation. Specifically, the comment to the section states that the effects of smoking do not render tobacco unreasonably dangerous. The Legislature intended to eliminate products liability claims stemming from tobacco use, and section 11-1-63 definitively precludes this lawsuit. |
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