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The New York Court of Appeals, upholding the reversal of a $20.5 million verdict, ruled on Monday that the estate of a smoker who died of lung cancer could not assert a negligent product design claim against two cigarette makers based on the availability of a safer "light" cigarette. The court ruled that the smoker had failed to prove an "essential element," that light cigarettes have the same "utility" as regular cigarettes, such that smokers find light cigarettes as satisfying as regular cigarettes.
December 17, 2008 at 12:00 AM
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The original version of this story was published on Law.Com
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