Dunn-Wiley

Craig Dunn and Philip Wiley for Mildred
v R.J. Reynolds Holdings Corp. et al

Delaware County Superior Court, State of Indiana

Filed 1994

Craig Dunn and Philip Wiley brought an individual personal injury suit against R.J. Reynolds, both individually and as co-administrators of the estate of Mildred Wiley. The suit alleged that Wiley, a non-smoker, died of lung cancer as a result of exposure to secondhand smoke at her workplace, a Veterans Hospital, where she worked for 17 years.

Plaintiff attorney: Ron Motley
Defendant attorney: William Olemeyer for Shook, Hardy & Bacon

Timeline

  • 1994 – December 14: Complaint filed
  • 1995 – December 5: Indiana Supreme Court reverses Court of Appeals’ decision and reaffirms trial court’s decision.
  • 1998 – February 8: Trial
  • 1998 – March 19: Verdict for Defendant

Narrative

“The case was heard in the Delaware County Superior Court, State of Indiana. The judge denied the defendants’ motion to transfer the case to the county where Ms. Wiley last resided. In an interlocutory appeal, the Indiana Court of Appeals reversed this decision and remanded the case on the premise that Ms. Wiley had lived in a different county at the time of her death.”

For more details, see Dunn and Riley v. R.J. Reynolds Holdings Corp. et al.

“The Supreme Court of Indiana ruled, in RJR Nabisco Corp., et al. v. Dunn and Wiley, 657 N.E.2d 1220, 1995 Ind. LEXIS 172, that the trial will take place in Delaware County, IN, where the lawsuit was originally filed. The tobacco companies appealed to the Indiana Supreme Court, arguing that the trial should take place in Hamilton County, where the plaintiff/co-administrator Craig Dunn resides. A rehearing was denied on February 26, 1996. The trial began on February 9, 1998.”

On March 19, 1998, the six-person jury returned a verdict for the defendants.

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