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KYTE v. PHILIP MORRIS INC.

408 Mass. 162 (1990)

556 N.E.2d 1025

THERESA KYTE & another vs. PHILIP MORRIS INCORPORATED.

Supreme Judicial Court of Massachusetts, Middlesex.

July 25, 1990.

Attorney(s) appearing for the Case

Hadrian R. Katz of the District of Columbia (Henry C. Dinger with him) for the defendant.

Edward Greer for the plaintiffs.

James M. Shannon, Attorney General, & Susan Papaneck McHugh, Assistant Attorney General, for the Commonwealth, amicus curiae, submitted a brief.

Gary Van Inge & Eric A. Nissen, for the estate of George Kotler, amicus curiae, submitted a brief.

Alan B. Morrison of the District of Columbia, for American Cancer Society & others, amici curiae, submitted a brief.

Present: LIACOS, C.J., WILKINS, ABRAMS, NOLAN, LYNCH, O'CONNOR, & GREANEY, JJ.

WILKINS, J.

In the spring of 1987, the plaintiffs, Theresa Kyte and Sean Cann, each through a parent, brought this action against Philip Morris Incorporated (Philip Morris), alleging that Philip Morris was liable to them on several theories because they sustained injuries from the consumption of cigarettes that had been manufactured by Philip Morris and sold to them while they were minors. This case is before us because...

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