In this particular case being heard in the Supreme Court of the State of New York in New York County, the plaintiffs are seeking to recover for personal injuries as a result of smoking tobacco. The defendants in the case have moved for summary judgment to dismiss the fraud, failure to warn, and design defect claims being made against them.
The plaintiffs in this case are seeking to recover for personal injuries including permanent neurological damage and lung cancer allegedly sustained by the plaintiff as a result of use of cigarettes that are manufactured and sold by the defendants. The plaintiff alleges that she started smoking when she was a teenager during the 1940s. By the time she turned 20 she was smoking a pack a day.