Perez v. R.J. Reynolds

Summary

In this tobacco trial, Juan Gonzales suffered from fatal laryngeal cancer, eventually passing in 2019. Gonzales smoked Lucky Strike cigarettes for decades, developing laryngeal cancer in 2008. After treatment, doctors declared him cancer-free, but he was diagnosed again with laryngeal cancer in 2016. Gonzales’ family sues R.J. Reynolds, claiming that their cigarettes were unreasonably dangerous and Reynolds conspired to conceal the risks.

Representatives for the family argue that the cigarettes were made to addict smokers, even when there were safer alternative designs that could have been marketed. The family also argues that the second diagnosis of cancer was a new appearance that falls within the statute of limitations.

R.J. Reynolds claims that smoking is inherently dangerous and that Gonzales received warnings and knew the risks, yet chose to continue to smoke. Reynolds also asserts that the claims are barred by the statute of limitations, stating that the second diagnosis of cancer was the same instance of the disease originally diagnosed in 2008.

Outcome

Verdict for the defense.