TOBACCO CONTROL LAWS

Ramsey-Buckingham v. R.J. Reynolds Tobacco Co., et al.

The administrator of the estate of a deceased woman filed a personal injury suit against several tobacco companies, claiming that the woman's death resulted from lung cancer allegedly caused from exposure to environmental tobacco smoke and arguing that this was a foreseeable result of the unreasonably dangerous character of defendants' products.  The Court dismissed the plaintiff's products liability claim for failure to state a claim upon which relief could be granted.  The Court based its dismissal of the products liability claim on the fact that the plaintiff failed to state distinct allegations regarding the defective nature of the product and its unreasonably dangerous character.  The Court, however, held that the plaintiff had alleged a negligence claim for which relief could be granted.  Under this theory of relief, a supplier of goods may be held liable for the foreseeable results of the expected use of goods known to be unreasonably dangerous.

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Ramsey-Buckingham v. R.J. Reynolds Tobacco Co., et al., 713 A.2d 381, Supreme Court of New Hampshire (1998).

  • United States
  • May 29, 1998
  • Supreme Court of New Hampshire

Parties

Plaintiff Bruce Buckingham, Administrator of the Estate of Roxanne Ramsey-Buckingham

Defendant

  • Brown & Williamson Tobacco Corporation
  • Liggett & Myers, Inc.
  • Lorillard Tobacco Company
  • Philip Morris Incorporated
  • Prescott Farms, Inc.
  • R.J. Reynolds Tobacco Co. & a.
  • The American 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

Smoke Free Measures
Measures to reduce or eliminate exposure to tobacco smoke. (See FCTC Art. 8)

Substantive Issues

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.

Type of Tobacco Product

None

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