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California Court of Appeal


Boeken v. Philip Morris USA, Inc., B198220

Judgment of dismissal is affirmed where the final adjudication on the merits of plaintiff's loss-of-consortium claim against defendant results in a res judicata bar of plaintiff's subsequent wrongful death action for loss-of-consortium damages against defendant arising from the same injury to plaintiff's spouse that was the basis for the adjudicated loss-of-consortium claim.

Appellate Information

  • Decided 02/11/2008
  • Published 02/11/2008

Judges

  • MOSK, J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Law Offices of Michael J. Piuze, Michael J. Piuze, Los Angeles;  and Kenneth Chesebro for Plaintiff and Appellant.

  • For Appellees:
  • Horvitz & Levy, Lisa Perrochet, Adam M. Flake, Encino;  Shook, Hardy & Bacon, Lucy E. Mason and Patrick J. Gregory, San Franscico, for Defendant and Respondent.
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