Opinion
Civil Action No. 01-2399 SECTION "L"(2)
February 25, 2003
ORDER REASONS
Before the Court is the Motion for Summary Judgment of the Defendant Quaglino Candy and Tobacco Co., Inc. ("Quaglino"). For the following reasons, the Court GRANTS the defendant's Motion for Summary Judgment.
I. Background
Plaintiffs are the surviving spouse and family of Jerry Jackson, Sr., who allegedly died of lung cancer on June 17, 2000. He sued Quaglino as the distributor of the cigarettes that the plaintiff smoked, arguing that the defendant convinced him to continue smoking cigarettes despite knowledge that smoking was a health hazard. Quaglino now moves for summary judgment arguing that, as a matter of law, it cannot be liable as a wholesale distributor of cigarettes.
II. Analysis
A. Summary Judgment Standard
A district court can grant a motion for summary judgment only when the "`pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.'" Celotex Corp. v. Cattrett, 477 U.S. 317, 322 (1986) (quoting Fed.R.Civ.P. 56(c)). When considering a motion for summary judgment, the district court "will review the facts drawing all inferences most favorable to the party opposing the motion." Reid v. State Farm Mut. Auto. Ins. Co., 784 F.2d 577 578 (5th Cir. 1986). The court must find "[a] factual dispute . . . [to be] `genuine' if the evidence is such that a reasonable jury could return a verdict for the nonmoving party . . . [and a] fact . . . [to be] `material' if it might affect the outcome of the suit under the governing substantive law." Beck v. Somerset Techs., Inc., 882 F.2d 993, 996 (5th Cir. 1989) (citing Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986)).
"If the moving party meets the initial burden of showing that there is no genuine issue of material fact, the burden shifts to the non-moving party to produce evidence or designate specific facts showing the existence of a genuine issue for trial." Engstrom v. First Nat'l Bank of Eagle Lake, 47 F.3d 1459, 1462 (5th Cir. 1995) (citing Celotex, 477 U.S. at 322-24, and Fed.R.Civ.P. 56(e)). The mere argued existence of a factual dispute will not defeat an otherwise properly supported motion. See Anderson, 477 U.S. at 248. "If the evidence is merely colorable, or is not significantly probative," summary judgment is appropriate. Id. at 249-50 (citations omitted).
B. Discussion
This matter was set for hearing before this Court on January 8, 2003, and no opposition has been received to date. As such, pursuant to Rule 56.2E, all facts set forth in the defendant's statement of material facts are deemed admitted. Furthermore, this Court has previously held that Quaglino, as a distributor of cigarettes, cannot be liable as a matter of Louisiana law for damages caused by smoking cigarettes. See Barrett v. R.J. Reynolds Tobacco Co., 1999 WL 460778 (E.D. La. June 29, 1999). This Court agrees with the holding of Barrett and finds that the plaintiffs have failed to state a cause of action against Quaglino. Accordingly, summary judgment is appropriate.
III. Conclusion
For the foregoing reasons, IT IS ORDERED that the defendant's Motion for Summary Judgment be GRANTED.