TITLE	Supreme Court Decision 2011Da22092 Decided April 10, 2014¡¼Damages¡½ [full Text]
Summary
[1] The standard to determine whether a product has a design defect [2] Where the issue is whether the tobacco products manufactured by the State, etc., has a design defect, the case affirming the judgment below refusing to acknowledge a design defect in tobacco products [3] Whether a tort liability is recognized as to a product¡¯s defect in indication (affirmative), and the standard to determine whether a product has a defect in indication [4] Where the issue is whether the tobacco products manufactured by the State, etc. has a defect in indication, the case affirming the judgment below refusing to recognize a defect in indication in tobacco products [5] Where Party ¡°A¡± with a history of more than 30 pack-years and Party ¡°B¡± with a history of more than 40 pack-years were diagnosed with non-small cell lung cancer and bronchioloalveolar carcinoma (both of which are types of lung cancer), and sought damages against the State, etc. for manufacturing and selling cigarettes, the case affirming the judgment below refusing to acknowledge the causal link between Parties A and B¡¯s smoking and their lung cancer

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