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California Civil Procedure, Keyed to Levine, 6th Ed.
Boeken v. Philip Morris USA, Inc.
Citation:
48 Cal. 4th 788, 108 Cal. Rptr. 3d 806, 230 P.3d 342 (2010)Facts
Richard Boeken began smoking cigarettes in 1957 and was diagnosed with lung cancer in 1999. He successfully sued Philip Morris, receiving over $80 million in compensatory and punitive damages before dying in 2002. In October 2000, while Richard was still alive, Judy Boeken filed a separate common law action for loss of consortium against Philip Morris, alleging she had been permanently deprived of her husband’s companionship, affection, society, and sexual relations due to his cancer. She dismissed this action with prejudice approximately four months later. After Richard’s death in 2002, Judy filed a wrongful death action under Code of Civil Procedure section 377.60, again seeking compensation for loss of love, companionship, comfort, affection, society, solace, and moral support.
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