Widower Aims To Reignite Cigarette Liability Suit

Law360, New York (February 1, 2010, 4:18 PM EST) -- A New York man who says Philip Morris USA Inc.'s "defective" cigarettes caused his wife to die of lung cancer has appealed a federal judge's second dismissal of his product liability lawsuit.

A notice of appeal to the U.S. Court of Appeals for the Second Circuit was filed Friday by plaintiff John Tuosto, who sued Philip Morris in 2005 for allegedly killing his wife, Rita, alleging design defects and negligence.

Tuosto also accused the company of deliberately concealing the health impact of cigarettes.

Contacted Monday, Philip...
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