Grisham

Grisham v. Philip Morris, Inc.

Good Law
670 F. Supp. 2d 1014·2009 WL 4019366·70 U.C.C. Rep. Serv. 2d (West) 489·2009 U.S. Dist. LEXIS 112914
United States District Court, Central District of CaliforniaOctober 7, 2009CV 02-7930 SVW (RCx)California16,194 words

Opinion

Opinion

Wilson, J.

ORDER (1) DENYING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT ON THE STATUTE OF LIMITATIONS DEFENSE [160]; (2) DENYING PLAINTIFF’S MOTION TO STAY CASE PENDING FINAL OUTCOME OF PER CURIUM OPINION AND REQUEST FOR EXPEDITED HEARING [161]; (3) GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT [174]

I. INTRODUCTION

The factual and procedural background of this case is set out in the Court’s previous orders. (See October 4, 2007 Order Granting and Partially Denying Defendants’ Motion to Strike and Partially Granting Dismissal, docket no. 108; April 1, 2003 Order Granting Judgment on the Pleadings in Part and Dismissing in Part, docket no. 67.) The present motions therefore need relatively little introduction.

Plaintiffs basic assertion is that she smoked Defendants’ cigarettes and, as a result, now suffers from periodontal disease and Chronic Obstructive Pulmonary Disease. Specifically, Plaintiff asserts that the chemicals contained in cigarette smoke directly cause these injuries, that Defendants failed to remove or neutralize these harmful chemicals, and that Defendants’ conduct has in various other ways caused Plaintiff to smoke more cigarettes than she…

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