Souders

Plaintiffs and appellants Donald Souders, individually and as guardian ad litem for Sandra Souders, Barbara Souders, Ben Souders, Elizabeth Souders and Jessica Souders; Donald Souders, Jr.; David Souders; Ann Souders; and the Estate of Mary Schuler (the Souderses) appeal from a judgment of dismissal entered after the trial court sustained without leave to amend the demurrer of defendants and respondents Philip Morris Incorporated (Philip Morris) and Brown & Williamson Tobacco Corporation (B&W) to the personal injury and wrongful death causes of action in the complaint.

The sole question presented is whether the Souderses’ claims for injuries and wrongful death allegedly caused by smoking, which accrued in 1999, but which are based on conduct that occurred prior to January 1, 1998, are barred by former Civil Code section 1714.45 (the Immunity Statute) in light of the 1997 amendment to that section (the Repeal Statute) eliminating the statutory immunity from products liability actions previously accorded tobacco manufacturers.

In Myers v. Philip Morris Companies, Inc. (2002) 28 Cal.4th 828 [ 123 Cal.Rptr.2d 40 , 50 P.3d 751 ] (Myers) the Supreme Court answered that…