TOBACCO CONTROL LAWS

Nunnally v. R.J. Reynolds Tobacco Company

In an action against a tobacco company alleging wrongful death resulting from lung cancer caused by the defective and unreasonably dangerous nature of cigarettes, the widow of a deceased smoker appealed the trial court's denial of her motion to set aside the jury verdict in the defendant's favor. The Supreme Court of Mississippi affirmed the trial court's denial of the motion, finding that the products liability claim of design defect was unsupported by plaintiff's evidence. The Court further found, among other things, that the trial court appropriately refused to specifically instruct the jury as to negligence, and that the trial court properly excluded evidence demonstrating the defendant's disregard of scientific reports linking cigarette smoking to cancer.

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Nunnally v. R.J. Reynolds Tobacco Company, 869 So.2d 373, Supreme Court of Mississippi (2004).

  • United States
  • Mar 25, 2004
  • Supreme Court of Mississippi

Parties

Plaintiff Kay T. Nunnally, individually and on behalf of all wrongful death beneficiaries of Joseph Lee Nunnally, deceased

Defendant R.J. Reynolds Tobacco Company

Legislation Cited

Related Documents

None

Type of Litigation

Personal Injury
An individual or organization may seek civil damages against a tobacco company based on the claim that the use of tobacco products causes disease or death. Some of these cases will relate to general tobacco products, while others will relate to specific subcategories of tobacco products--for example, light or low products, menthol or other flavored products. Additionally, there may be cases relating to exposure to secondhand smoke.

Tobacco Control Topics

Contents and Disclosures Measures
Measures for testing, measuring, regulating, or disclosing the contents and emissions of tobacco products. (See FCTC Arts. 9 and 10)
Packaging and Labeling Measures
Measures to regulate the marketing on tobacco packages. This includes both bans on false, misleading, deceptive packaging, as well as required health warnings on packaging. (See FCTC Art. 11)
Advertising, Promotion and Sponsorship
Measures restricting any form of direct or indirect tobacco advertising, promotion and sponsorship. (See FCTC Art. 13)

Substantive Issues

Industry-Perpetrated Fraud
The tobacco industry may have perpetrated a fraud upon the public or the courts by presenting false information or deliberately hiding known-facts.
Procedural Defect
The court might consider procedural matters without touching the merits of the case. These might include: improper joinder, when third parties, such as Health NGOs or government officials, seek to become parties to the suit; lack of standing, where a plaintiff fails to meet the minimum requirements to bring suit; lack of personal jurisdiction, where the court does not have jurisdiction to rule over the defendant; or lack of subject matter jurisdiction, where the court does not have jurisdiction over the issue at suit.
Acceptance of Known Risk

A plaintiff’s liability may be limited where she has accepted the risks and consequences of her behavior.  The tobacco industry may argue that the dangers of smoking are well known, so liability should be limited.

Type of Tobacco Product

None

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