This section contains the nature of the case and procedural background.

P was employed as a truck driver and routinely traveled in an enclosed truck with a co-worker who smoked Raleigh cigarettes, manufactured, produced, and distributed by D. P did not smoke cigarettes at any time during his employment, but P was diagnosed with lung cancer in 1992. Ps allege that he developed lung cancer as a result of his exposure to second-hand or environmental tobacco smoke. Ps filed suit and D moved to dismiss.

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