Carlisle v. Philip Morris Inc.
(Consolidated TX 98th Dist. Ct. 1986) Citation: 805 S.W.2d 498 (6 Feb 1991)These consolidated personal injury and wrongful death suits was brought by Weldon J. Carlisle, Gilmer T. Woods, Phyllis T. Rothgeb individually and as administratrix of the estate of John R. Rothgeb, and Nadia Leanora Dyer individually and as administratrix of the estate of Gerald Wayne Dyer, against Philip Morris, R.J. Reynolds, American Tobacco Co., Liggett, Tobacco Institute, Council for Tobacco Research, and H.E. Butt Grocery Co.
The plaintiffs allege that their various diseases were caused by the prolonged smoking of cigarettes. Carlisle smoked for over 65 years and contracted laryngeal cancer. Woods smoked for 53 years and had lung cancer. Rothgeb smoked 44 years and died of lung cancer. Dyer smoked for 38 years and also died of lung cancer. The plaintiffs collectively claimed failure to warn, design defects, manufacturing defects, affirmative misrepresentation and civil conspiracy.
The case was heard in the District Court of Travis County, Texas, 98th Judicial District (No. 387,233) before the Honorable Pete Lowry. The judge entered summary judgment for the defendants. The plaintiffs appealed.
The Court of Appeals of Texas, Austin (805 S.W.2d 498) reversed the judgment on February 6, 1991. After striking a portion of both parties' brief as outside of the record on appeal, it held that the Federal Cigarette Labeling and Advertising Act did not preempt state common law claims. This is because of the presumption against preemption in areas, such as public health, that fall traditionally within state control. Such a presumption can only be overcome with clear legislative language or intent, which are absent in this Act. Because the trial court entered its judgment solely on the basis of preemption, the appeals court did not consider the substantive grounds of the case.