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MAIN v. R.J. REYNOLDS TOBACCO COMPANY

20-P-459.

100 Mass. App. Ct. 827 (2022)

JONATHAN MAIN, personal representative v. R.J. REYNOLDS TOBACCO COMPANY & another.

Appeals Court of Massachusetts, Suffolk.

April 8, 2022.

Attorney(s) appearing for the Case

Paula S. Bliss (Steven Rotman also present) for the plaintiff.

Scott A. Chesin for the defendants.

Present: Wolohojian, Sullivan, & Ditkoff, JJ.

At issue in this tobacco liability case is whether the judge correctly instructed the jury on the plaintiff's burden of proof for his breach of warranty claim, which was based on a theory of design defect. "A product is defective in design when the foreseeable risks of harm posed by the product could have been reduced or avoided by...

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