A woman who began working at Texas Instruments in 1981 died of lung cancer in July 1993 at the age of forty-six. Her complaint alleges that she never smoked and was exposed to tobacco smoke only through her employment at Texas Instruments. On August 11, 1995, a judge granted summary judgment to the defendants, ruling that there was a complete lack of evidence of any specific representation of fact made by any defendant relating to the effects of ETS and that there were no representations made to the decedent. Therefore, as a matter of law, the plaintiffs cannot establish an essential element of their breach of warranty, common law fraud and misrepresentation and Section 402B (Restatement of Torts) misrepresentation claims.
Bluitt, et al. v. R.J. Reynolds Tobacco Co. Inc., et al., No. 3:CV-94-0122-P. (N.D. Tex., Dallas Div. 1993).