Grisham v. Philip Morris USA, Inc.
- Case Date: 3/9/2006
- Project Name: Civil Justice Reform
On February 15, 2007, the California Supreme Court ruled that tort claims filed against cigarette companies generally are time-barred when based on allegations that many years ago the companies wrongfully addicted the plaintiffs to tobacco. At the same time, the court held that a personal injury claim filed in conjunction with a wrongful addiction claim is not time-barred simply because the latter claim is barred; rather, the court ruled, personal injury claims accrue only after the plaintiff knew or should have known that she had contracted a smoking-related disease -- not when she first knew that she was addicted. The decision was a partial victory for WLF, which filed a brief in the case, urging dismissal of wrongful addiction claims. WLF argued that such claims by long-time smokers are barred by the statute of limitations because the plaintiffs knew (or should have known) for decades that they were addicted to cigarettes, yet they waited until 2002 to file suit.
More Information and Downloads:
3/9/2006: Download the Brief
Litigation Update: Court Limits Untimely Claims Based on Addiction to Tobacco