Case Summaries
3378 The tobacco immunity statute (fmr Civil Code section 1714.45) applies to conduct that occurred during the 10 year period that it was in existence, regardless of when plaintiff sustained or discovered injuries as a result of that conduct; however, the repeal of immunity restored general principles of tort law that applied before the immunity went into effect, so the immunity does not apply to conduct falling outside the 10-year period between the statute’s enactment and its repeal.
MYERS v PHILIP MORRIS (Tobacco Retroactivity) 28 C4 828 [See: CivC 1714.45; Myers v Phillip Morris 239 F3 1029; Evangelatos v Superior Court 44 C3 1188]
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