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Shaw v. Brown _ Williamson Tobacco Corp

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					                      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.

				
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posted:9/30/2010
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