Jury wrongly told it had to find liability on underlying tort

Massachusetts Weekly /March 26, 2026 A jury did not need to find a tobacco company liable for fraud and misrepresentation in order to hold it liable for violating Chapter 93A, the Appeals Court has ruled.

Plaintiff Peter Agnitti sued defendant Philip Morris USA for breach of the implied warranty of merchantability and liable for negligence, fraud and misrepresentation, wrongful death and 93A violations, alleging that its false and misleading representations about the safety of its products caused the death of his wife, a lifelong cigarette smoker, from lung cancer.

A Superior Court judge instructed the jurors that to find for the plaintiff on his 93A claim, they had to find Philip Morris liable for one of the underlying tort claims.

The jury subsequently issued a defense verdict on all counts. READ HERE