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Cuddy v. Philip Morris USA Inc.SJC-13282Argue Date: Monday March 6, 2023*Summary: Torts; Wrongful Death-- This is an appeal of the dismissal of a wrongful death action against the manufacturer and seller of cigarettes based on expiration of the statute of limitations; although the plaintiff brought the action within three years of decedent’s death, an action by the decedent would have been barred at the time of the decedent’s death because the three-year personal injury statute of limitations had expired. Justices: Budd, C.J., Gaziano, Lowy, Cypher, Kafker, Wendlandt, Georges, Jr., JJ. Appellant: Michael Cuddy Counsel for Appellant: Walter Kelley, Esquire Celene H. Humphries, Pro Hac Vice Attorney Shea T. Moxon, Pro Hac Vice Attorney Chad Ihrig, Pro Hac Vice Attorney Appellee: Philip Morris USA Inc Counsel for Appellee: Gwyn Williams, Esquire Kenneth J. Parsigian, Esquire Melissa L. Nott, Esquire Samuel Adams Townsend, Esquire John Lyons, Esquire Scott Adam Chesin, Esquire Elliott Marc Davis, Esquire J. Michael Conley, Esquire Court Appealed From: Suffolk Superior Court Lower Court Judge: Brian A. Davis, J. Route to SJC: Direct Appellate Review Amici Curiae: Massachusetts Defense Lawyers Association ,Product Liability Advisory Council, Inc. , Massachusetts Academy of Trial Attorneys , *Summary is not an official part of the court proceedings, it is presented so that those who access the website will have a general understanding of the legal issues in the case. Access published opinions - View SJC Docket Information - Download Caption text |