Shaw v. Brown & Williamson Tobacco Corp. 973 F. Supp. 539 (D. Md. 1997) Parties: Plaintiff – Robert T. Shaw – Truck driver who developed lung cancer while inhaling second hand smoke of cigarettes produced by P. Defendant – Brown & Williamson Tobacco Corp. – Company that produces cigarettes. Facts: P was a long distance truck driver who drove a covered truck with a co - worker who smoked cigarettes, which were manufactured by the D. P, was diagnosed with lung cancer. P and his wife allege that he developed lung cancer as a result of his exposure to second hand smoke emitted from the cigarettes that D produced. Procedural Posture: D moved to dismiss the allegations. Issue: Whether D had the requisite intent to commit battery? Holding: The court grants D’s movement for dismissal. Legal Reasoning: From Pechan v. Dynapro Inc, smoking isn’t a battery because smokers don’t intend to touch nonsmokers with secondhand smoke. D didn’t market or manufacture their cigarettes for the purpose of touching nonsmokers with the smoke from their products. D also didn’t know with certainty that secondhand smoke would touch any particular nonsmoker. Even though D may have had knowledge that the secondhand smoke would have touched some nonsmokers, the court found that this knowledge was too general. If the court found that D was liable for battery would expose the courts to a flood of farfetched and nebulous litigation concerning battery.