Supreme Court of California
Boeken v. Philip Morris USA, Inc., S162029
In plaintiff's wrongful death action against cigarette manufacturer Philip Morris arising from the death of her husband from lung cancer, Court of Appeal's affirmance of trial court's order sustaining defendant's demurrer without leave to amend is affirmed as plaintiff's wrongful death action involves the same primary right and breach as her former loss of consortium action, and thus, the doctrine of res judicata bars plaintiff's wrongful death action.
Appellate Information
- Decided 05/13/2010
- Published 05/13/2010
Judges
- KENNARD, J.
Court
- Supreme Court of California
Counsel
- For Appellant:
- Law Offices of Michael J. Piuze, Michael J. Piuze; and Kenneth Chesebro for Plaintiff and Appellant.
- For Appellees:
- Horvitz & Levy, Lisa Perrochet, Adam M. Flake, John F. Querio; Shook, Hardy & Bacon, Lucy E. Mason and Patrick J. Gregory for Defendant and Respondent.