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4642 REVIEW GRANTED Damages a wife would have recovered had she been successful in a loss of consortium action she brought while her husband was alive but suffering from tobacco-related illness would include all the damages that would be available in her subsequent wrongful death action, so her dismissal with prejudice of the loss of consortium action was a final adjudication on the merits that precludes subsequent consideration of her wrongful death action.CitationBOEKEN v PHILIP MORRIS (Tobacco Consortium) 159 CA4 1391 [See: CCP 377.60; Rodriguez v Bethlehem Steel 12 C3 382; Boeken v Philip Morris 127 CA4 1640, T/AT 5/05; Rufo v Simpson 86 CA4 573, T/AT 4/01; Mycogen v Monsanto 28 C4 888, P/AT 9/02]
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