Martins v. Souza Cruz S A
Sucessão de José da Silva Martins v. Souza Cruz S A, n. 70000840264, 6a Câmara Civil do Tribunal de Justiça do Rio Grande do Sul [6th Civil Chamber of the Court of Justice of Rio Grande do Sul] (2004).
- Brazil
- Jun 2, 2004
- 6th Civil Chamber of the Court of Justice of Rio Grande do Sul (6a Câmara Civl do Tribunal de Justiça do Rio Grande do sul)
The plaintiff José da Silva Martins brought action against the defendant, Souza Cruz, a tobacco company, which was dismissed by the lower court. The plaintiff appealed to the higher court, but died before the hearing. The plaintiff's successors took over the lawsuit, seeking damages for the health problems allegedly caused by tobacco consumption. The plaintiffs claimed that José Martins had started consuming tobacco products because of allegedly aggressive and misleading advertisements on tobacco. The defendant argued that there was no proven direct connection between José Martins death and the consumption of defendant's products. The Court found in favor of the plaintiffs and ordered the defendant, Souza Cruz, to pay damages.