|
4405 There is no special presumption that anybody was aware of the harmful or addictive properties of tobacco as of any particular date; a plaintiff suing a tobacco company for fraud in the marketing of its products must allege and prove that during the period of limitations s/he justifiably relied on misrepresentations made by defendant; an action for personal injury resulting from addiction to tobacco accrues when plaintiff discovers, or reasonably should discover, the physical ailment; an action based solely on economic losses resulting from tobacco addiction accrues when the plaintiff discovers, or reasonably should discover, that s/he is addicted; a plaintiff claiming delayed discovery has the burden to allege and establish that discovery was delayed in spite of reasonable diligence.CitationGRISHAM v PHILIP MORRIS (Tobacco Limitations) 40 Cal. 4th 623 [See: Soliman v Philip Morris 311 F3 966; Fox v Ethicon 35 C4 797, T/AT 6/05]
|
|
