Grinnell v. American Tobacco Co.
(Personal Injury TX 172nd Dist. Ct. 1985 Industry Verdict) Citation: 883 SW2d 791 (Tex App, 29 Sep 1994); 951 S.W.2d 420 (20 Jun 1997)This individual wrongful death action was brought by Jeannie Grinnell, individually and as independent executrix of the estate of Wiley Grinnell, Jr., Wiley and Frances Grinnell, Sr. (parents) and Kevin Grinnell (adult son), against American Tobacco Co., American Brands, and Price & Co. (dismissed prior to trial) on October 9, 1985.
The plaintiffs alleged that Wiley Grinnell Jr. began smoking because the defendants did not warn him of the dangers of smoking, and once he began he could not stop because he became addicted. Mr. Grinnell smoked Lucky Strike cigarettes in 1953 and Pall Malls from 1953 through 1985. He was diagnosed with lung cancer in July 1985 and died in May, 1986 after filing a lawsuit. The plaintiffs allege that the defendants knew or should have known that cigarettes were addictive and could result in injury or death, but failed to warn of such dangers. Instead, it represented to consumers that the product was not harmful. The plaintiffs claimed strict products liability design, marketing and manufacturing defect; fraudulent misrepresentation and concealment; negligent testing, failure to warn; violations of the Deceptive Trade Practices Act for failure to disclose and deceptive advertising; breach of express and implied warranties; and civil conspiracy. The plaintiffs sought actual and punitive damages.
The defendants asserted defense of common knowledge.
The case was heard in the District Court of Jefferson County, Texas, 172nd Judicial District before the Honorable Donald J. Floyd. The judge granted summary judgment for the defendants and dismissed the case on January 29, 1993. The plaintiffs appealed.
The Court of Appeals of Texas, Beaumont (883 S.W.2d 791) reversed the judgment on September 29, 1994. It held that the Federal Cigarette Labeling and Advertising Act did not preempt state-law claims except for failure to warn claims. The Act did not express clear intent to preempt state common law claims. The dangers of smoking were not common knowledge to the degree that would excuse the defendants from liability on failure to warn.
The Supreme Court of Texas (951 S.W.2d 420) affirmed the appeals court in part, reversed in part and remanded the case on June 20, 1997. It held that the common knowledge defense barred claims of strict liability marketing defects and implied warranty based on general health dangers of cigarettes, but did not preclude such claims based on the addictive qualities of cigarettes. It found that the plaintiffs could not win a claim of design defects given the lack of safe alternatives to cigarettes. The presence of pesticide residue as a manufacturing defect and its possible contribution to Mr. Grinnell's cancer presented questions of fact precluding summary judgment on manufacturing defect claims. Misrepresentation and breach of warranty claims failed because the plaintiff failed to show reliance. The Public Health Cigarette Smoking Act preempted failure to warn, negligent testing and fraudulent concealment claims based on failure to disclose the dangers of cigarettes.
On remand to the District Court, the jury returned a verdict for the defense on March 7, 2001. No appeal was filed.