Pooshs

AMENDED ORDER GRANTING MOTION TO DISMISS

The motion of defendants Philip Morris USA, Inc. (“Philip Morris”); Lorillard Tobacco Company (“Lorillard”); R.J. Reynolds Tobacco Company (“R.J.Reynolds”); Brown and Williamson Tobacco Corporation (“Brown & Williamson”); and Hill & Knowlton to dismiss the complaint for failure to state a claim came on for hearing before this court on July 21, 2004. Plaintiff Nikki Pooshs appeared by her counsel Christopher Andres and James Nevin, Jr. Defendants Philip Morris and Lorillard appeared by their counsel M. Kevin Under-hill and James Lee Dumas; defendant R.J. Reynolds appeared by its counsel Paul Crist; and defendant Brown & Williamson appeared by its counsel Gail L. Gough. Defendant Hill & Knowlton filed a written notice of joinder in the motion, but did not appear at the hearing. Having read the parties’ papers and carefully considered their arguments and the relevant legal authority, and good cause appearing, the court hereby GRANTS the motion.

INTRODUCTION

This is a tobacco products liability suit. Plaintiff Nikki Pooshs began smoking cigarettes in 1953, and continued smoking until 1991. She was diagnosed with lung cancer in January 2003.…