Galbraith v. R.J. Reynolds Tobacco Co.
(Wrongful Death CA Superior Ct. 1985 Def Decision)This wrongful death suit was brought by Elayne D. Galbraith against R.J. Reynolds in 1985.
The plaintiff alleged that John Galbraith's lung cancer was caused by smoking, and being addicted to, the defendant's cigarettes. Mr. Galbraith died at age 69 in 1982. The plaintiff claimed products liability and failure to warn.
The defendants argued that given Mr. Galbraith's medical record - including diagnoses of tuberculosis, heart, and lung ailments, - together with his lifestyle choices, there was no way to prove that smoking alone had caused his cancer.
The case was heard in the Superior Court of the State of California for the county of Santa Barbara, Department No. 2 (No. 144417), before the Honorable Bruce William Dodds. On December 23, 1985, the jury returned a verdict for the defendants. It was not convinced that Mr. Galbraith was addicted to cigarettes, or that smoking killed him. The judge entered final judgment on December 23, 1985.
The California Court of Appeals, Second District denied a petition for review on November 22, 1985.
A second appeal to the California Court of Appeals, Second District was abandoned in the trial court on March 31, 1996.