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Christensen v. Philip Morris USA Inc.6/8/2005
alize when he first learned of his illness that it might have been caused by smoking. Specifically, Christensen testified at his deposition:
And certainly I had no idea that this cancer could lie in wait until a year ago. I thought I had done the things that would stop the, quote, unquote, lung problem.
And by the way, they [i.e., the Project] never told me what the lung problem was.
(Emphasis added).
As we see it, the motion court was clearly erroneous in finding as an undisputed fact that the Decedent believed as early as May 6, 1998, that his lung cancer was caused by his cigarette smoking. As the case was heard on summary judgment, the court was not supposed to resolve disputed facts. Moreover, the court was required to construe the facts and inferences in the light most favorable to appellants. The significance of the factual error, however, is a matter for the circuit court and the parties to consider on remand, in light of all undisputed facts and the legal principles set forth in this opinion.
SUMMARY JUDGMENT VACATED AS TO GIANT FOOD L.L.C.; SUMMARY JUDGMENT IN FAVOR OF ALL OTHER APPELLEES REVERSED. CASE REMANDED TO THE CIRCUIT COURT FOR BALTIMORE CITY FOR FURTHER PROCEEDINGS. COSTS TO BE PAID BY APPELLEES.
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