Acton v. R.J. Reynolds Tobacco Co., et al., 11.7 TPLR 3.989, No. CV-96-98 (Sumter County (AL)) (1996).  A nonsmoker with terminal lung cancer sued two tobacco companies, a wholesale distributor, two retailers and unknown defendants for damages caused by exposure to ETS.  A lifelong nonsmoker, the plaintiff alleges that his primary exposure to ETS came from his wife, Buren, who smoked for 36 years.  In his complaint, Acton states that neither “Plaintiff nor his wife knew that Plaintiff could get lung cancer from passive or second-hand smoke.”  Acton seeks compensatory and punitive damages, as well as costs.  See “Second-Hand Smoke Suit Filed,” Montgomery Advertiser, September 19, 1996.

Acton v. R.J. Reynolds Tobacco Co., et al., 11.7 TPLR 3.989, No. CV-96-98 (Sumter County (AL)) (1996).