Business Law 11th Edition by Kenneth Clarkson,Roger LeRoy Miller,Gaylord Jentz,Frank Cross

تمرين 20

CASE PROBLEM WITH SAMPLE ANSWER Mary Jane Boerner began smoking in 1945 at the age of fifteen. For a short time, she smoked Lucky Strikes (a brand of cigarettes) before switching to the Pall Mall brand, which she smoked until she quit altogether in 1981. Pall Malls had higher levels of carcinogenic tar than other cigarettes and lacked effective filters, which would have reduced the amount of tar inhaled into the lungs. In 1996, Mary Jane developed lung cancer. She and her husband, Henry Boerner, filed a suit in a federal district court against Brown Williamson Tobacco Co., the maker of Pall Malls. The Boerners claimed, among other things, that Pall Malls contained a design defect. Mary Jane died in 1999. According to Dr. Peter Marvin, her treating physician, she died from the effects of cigarette smoke. Henry continued the suit, offering evidence that Pall Malls featured a filter that actually increased the amount of tar taken into the body. When is a product defective in design Does this product meet the requirements Why or why not [ Boerner v. Brown Williamson Tobacco Co., 394 F.3d 594 (8th Cir. 2005)]