SmartBrief
Confirm favorite deletion?
Torts Keyed to Twerski
Bifolck v. Philip Morris, Inc.
Citation:
152 A.3d 1183 (2016)Facts
The plaintiff, Vincent Bifolck, individually and as executor of his wife’s estate, filed a product liability action against Philip Morris after his wife died of lung cancer at age 42. He alleged that Philip Morris’s Marlboro and Marlboro Light cigarettes were defectively designed and unreasonably dangerous because they were unnecessarily addictive and carcinogenic. Specifically, he claimed that Philip Morris had added carcinogenic ingredients that altered the natural form of tobacco and utilized manufacturing processes that affected the composition of the tobacco and nicotine, making the cigarettes more dangerous than necessary. The plaintiff pursued both strict liability and negligence theories under Connecticut’s Product Liability Act. Philip Morris argued that cigarettes could not be considered unreasonably dangerous under comment (i) to § 402A of the Restatement (Second) of Torts, which states that “good tobacco” is not unreasonably dangerous merely because smoking may be harmful. The case raised fundamental questions about the standards for design defect claims in Connecticut and the calculation of punitive damages under the state’s Product Liability Act.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
Topic:
Identifies the topic of law and where this case fits within your course outline.Parties:
Identifies the cast of characters involved in the case.Procedural Posture & History:
Shares the case history with how lower courts have ruled on the matter.Case Key Terms, Acts, Doctrines, etc.:
A case specific Legal Term Dictionary.Case Doctrines, Acts, Statutes, Amendments and Treatises:
Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
Brief Facts:
A Synopsis of the Facts of the case.Rule of Law:
Identifies the Legal Principle the Court used in deciding the case.Facts:
What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case.Issue(s):
Lists the Questions of Law that are raised by the Facts of the case.Holding:
Shares the Court's answer to the legal questions raised in the issue.Concurring / Dissenting Opinions:
Includes valuable concurring or dissenting opinions and their key points.Reasoning and Analysis:
Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
Policy:
Identifies the Policy if any that has been established by the case.Court Direction:
Shares where the Court went from here for this case.
Topic Resources
11m 7s
Topic Refresher Course 
