Boeken v. Philip Morris USA, Inc.

Richard Boeken sued Philip Morris (defendant) for causing his lung cancer and won a large judgment. His wife, Judy Boeken (plaintiff), separately sued Philip Morris for loss of consortium based on the same illness, then dismissed that suit with prejudice. After Richard later died, Judy filed a wrongful death suit against Philip Morris; Philip Morris argued this new suit was barred by res judicata because of the earlier dismissal. The trial court agreed and dismissed the wrongful death claim, and the California Supreme Court granted review.