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SARRO v. PHILIP MORRIS USA INC.

C.A. No. 08-10224-MLW.

857 F.Supp.2d 182 (2012)

Rosalie C. SARRO, Individually and as Administratrix of the Estate of Linda A. Rivers, Plaintiff, v. PHILIP MORRIS USA INC., Defendant.

United States District Court, D. Massachusetts.

March 7, 2012.

Attorney(s) appearing for the Case

Daniel F. McCarthy, Lerman & McCarthy, Melrose, MA, for Plaintiff.

Brian A. Jackson, Christopher P. Nease, Eric M. Meyer, William J. Crampton, Shook, Hardy & Bacon, Kansas City, MO, John B. Daukas, Michael K. Murray, Boston, MA, for Defendant.

MEMORANDUM AND ORDER

WOLF, District Judge.

I. SUMMARY

On December 24, 2004, Linda Rivers ("Rivers"), who lived alone, died in a fire at her home in Revere, Massachusetts. Rivers co-owned her home with her cousin, Rosalie Sarro ("Sarro"), the administratrix of Rivers's estate and the plaintiff in this case.

On December 20, 2007, Sarro filed a complaint in Essex Superior Court against Philip Morris USA, Inc. ("Philip Morris"), alleging...

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