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Blanchard v. Brown & Williamson Tobacco Corp.

(Personal Injury TX 212th Dist. Ct. 1992)

This joint personal injury suit was brought by Raye N. Blanchard, individually and as the representative of the estate of Thomas H. Blanchard, Tamara Reed, Jeffrey Alan Campbell, Lloyd D. Stewart, and Cecil Edward Livingston by his next friend Mary Walker, against Brown & Williamson, Food King of Texas, Grocer's Supply, H.E. Butt Grocery, Liggett, Lorillard, Maverick Markets, Philip Morris, R.J. Reynolds, American Tobacco, the Council for Tobacco Research, Kroger, and the Tobacco Institute on July 31, 1992.
The plaintiffs claim that their various injuries were caused by smoking the tobacco defendants' cigarettes. The grocery defendants sold those cigarettes, and the wholesale defendants distributed them. The plaintiffs claimed strict liability, products liability, breach of warranty, negligence and gross negligence, failure to warn, breach of duty to test and conduct research, intentional fraud and misrepresentation, violations of the state consumer protection act, and conspiracy. The plaintiffs sought compensatory and punitive damages.
The case was heard in the District Court of Gaveston County, Texas, 212th Judicial District (No. 92CV0735)