Allgood v. R.J. Reynolds Tobacco Co.
(Personal Injury US Dist. Ct. S. TX Def Decision) Citation: 80 F3d 168, 29 UCCRS 2d 496 (CA 5, Tex, 16 Apr 1996); cert. denied 519 US 930, 117 S Ct 300, 136 L Ed 2d 218 (15 Oct 1996); 519 U.S. 1035, 117 S.Ct. 599, 136 L.Ed.2d 526 (9 Dec 1996)This individual personal injury suit was brought by Mrs. Samuel E. Allgood, individually and as independent executrix of the estate of Samuel E. Allgood, Marcus Allgood, and Malcolm Allgood against R.J. Reynolds, American Tobacco, the Tobacco Institute, and the Council for Tobacco Research.
The plaintiffs alleged that Samuel Allgood's sickness and death were a result of smoking cigarettes. Mr. Allgood was diagnosed with emphysema in February, 1986, and died of complications relating to his throat cancer in January, 1989. The plaintiff claimed negligence, conspiracy, products liability, breach of warranty, fraudulent misrepresentation, and concealment.
The case was heard in the United States District Court for the Southern District of Texas, Houston, before the Honorable Vanessa D. Gilmore. The judge granted summary judgment for the defendants. The plaintiffs appealed.
The United States Court of Appeals, Fifth Circuit (80 F.3d 168) affirmed the judgment on April 16, 1996. The court held that negligence, conspiracy, and products liability claims accrued when the Mr. Allgood learned he was told by a doctor he had emphysema. The fact that the doctor may have been wrong was immaterial. There was no evidence that the Tobacco Institute and CTR manufactured or sold cigarettes, as was required for a breach of warranty claim against them. The statute of limitations on the breach of warranty claim was not tolled since the defendants' statements and advertisements did not explicitly extend to future performance. This meant that the summary judgments for RJR and ATC were appropriate, since Mr. Allgood last purchased their products more that four years before the filing of the lawsuit. Failure to warn and fraudulent concealment claims were preempted after 1969 by the Federal Cigarette Labeling and Advertising Act. The plaintiffs failed to show reliance for their misrepresentation claims simply by showing that Mr. Allgood read news periodicals. Common knowledge eliminated the need for the defendants to warn of the dangers of smoking.
The Supreme Court of the United States (519 US 930) denied certiorari on October 15, 1996. Rehearing denied December 9, 1996 (519 US 1035).