Chustz v. American Tobacco Co.
(Wrongful Death US Dist Ct Mid LA 1993 Def. Decision) Citation: 961 F.Supp. 143 (25 Nov 1996); 72 Fed.Appx. 152 (11 Aug 2003)This wrongful death suit was brought by Elsie, Donald Wayne, George Dewayne, and James Ray Chustz, and Patsy Lynn Chustz Harris against American Tobacco Co. and R.J. Reynolds on August 13, 1993.
The plaintiffs allege that the defendants' cigarettes caused Charles Chustz's lung cancer and death. Mr. Chustz smoked and was exposed to environmental tobacco smoke from 1942 to 1991. He was diagnosed with lung cancer in November, 1992, and died on January 24, 1993. The plaintiffs claimed products liability.
The case was heard in the United States District Court for the Middle District of Louisiana, before the Honorable Frank J. Polozola. The judge (961 F.Supp. 143) granted the defendants motion for determination on November 25, 1996. He ruled that the Louisiana Products Liability Act (LPLA), with an effective date of September 1, 1988, applied to the case. The plaintiffs failed to present sufficient evidence to show that the injury accrued prior to 1988. Accrual was based on the diagnosis of lung cancer, not the speculation that he might get lung cancer. The plaintiffs appealed.
The United States Court of Appeals, Fifth Circuit (72 Fed.Appx. 152) affirmed the determination on August 11, 2003. The court found that the LPLA applied. In regard to failure to warn, there was no evidence to suggest significant exposure enough to independently result in disease had occurred prior to the effective date of the LPLA to survive summary judgment. It was appropriate to take judicial notice of the widespread common knowledge of the dangers of smoking prior to the LPLA effective date.