The Delaware Supreme Court has upheld the dismissal of a lawsuit filed against the tobacco industry by the governments of Panama and the Brazilian state of Sao Paulo. The plaintiff governments sought to recover expenses for the medical care of sick smokers. Affirming on a different ground than the appellate court, the state high court concluded that medical expenses could not be recovered because tobacco companies do not owe a direct duty to insurers or health care providers of smokers.
February 28, 2007 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
The Delaware Supreme Court has upheld the dismissal of a lawsuit filed by two foreign governments against the tobacco industry.
Panama and the Brazilian state of Sao Paulo, seeking to recover expenses for the medical care of sick smokers, appealed last year after a Superior Court judge said they were not seeking damages for personal injuries suffered by smokers and they failed to establish that tobacco products were the proximate cause of their alleged economic injuries.
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