Judy Boeken, Plaintiff and Appellant v. Philip Morris USA, Inc., Defendant and Respondent — Moreno, J., Dissenting

Summary

Justice Moreno dissented from the conclusion that the plaintiff's later wrongful death action was barred by her prior voluntary dismissal with prejudice of a loss-of-consortium action. The dissent reasoned that the two claims involve distinct primary rights, that the wrongful death claim had not accrued when the earlier action was dismissed, and that neither collateral estoppel nor the rule against double recovery necessarily barred the later claim. Justice Moreno, joined by the Chief Justice and Justice Werdegar, would have held that the defendant failed to establish that the wrongful death claim was precluded.