Rosdon filed a products liability suit against R.J. Reynolds Tobacco Co. after having his leg amputated due to severe peripheral atherosclerotic vascular disease.
A plaintiff can maintain a products liability suit if the product is defective or unreasonably dangerous.
Roysdon regularly smoked cigarettes manufactured by R.J. Reynolds Tobacco Co. (R.J.). Rosdon filed a products liability suit against R.J. Reynolds Tobacco Co. after having his leg amputated due to severe peripheral atherosclerotic vascular disease. The District Court granted judgment to R.J.
Whether a plaintiff can maintain a products liability suit if the product is defective or dangerous.
Yes. The judgment of the district court is affirmed. Roysdon provided no evidence that smoking cigarettes manufactured by R.J. was more dangerous than smoking any other cigarettes. Similarly, any consumer would expect the consequences that come along with smoking cigarettes. R.J. is not liable to Roysdon because Roysdon failed to prove that the cigarettes were defective or unreasonably dangerous.
A plaintiff can maintain a productsliability suit if the product is defective or unreasonably dangerous.