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Cigarette Maker Kent Wins Key Victory in Asbestos Suit : Court: Chicago jury rejects widow’s claim that firm’s filter caused her husband’s fatal cancer.

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TIMES STAFF WRITER

Cigarette maker Lorillard Inc. won a key victory in a wrongful death case Friday when a federal court jury in Chicago rejected a widow’s claim that asbestos in the original filter of Kent cigarettes caused her husband’s fatal cancer.

Capping a nearly four-week trial, jurors found Lorillard and a co-defendant not liable for the death of Norman Braun from mesothelioma, a rare form of cancer whose only significant known cause is asbestos exposure. An attorney representing Saralee Braun said the decision will be appealed.

“Disappointed, devastated--pick your adjective,” said the attorney, Rick M. Schoenfield, in response to the verdict. “We thought we had proven our case.”

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Braun, a former Encyclopaedia Britannica executive who died last winter, allegedly smoked Lorillard’s Kent brand from 1952 to 1956, when its “Micronite” filter contained crocidolite--a particularly virulent type of asbestos.

The defense victory was the fifth in six trials involving claims of death or illness from asbestos in the Kent filter. After winning the first four cases, Lorillard and Hollingsworth & Vose Co.--supplier of the filter material--suffered a stunning loss in September, when a San Francisco jury ordered them to pay $2 million in compensatory and punitive damages to Milton Horowitz, a former Kent smoker and mesothelioma victim.

An attorney for Lorillard hailed the Braun verdict as particularly important, saying the outcome had more scientific support than was available in the prior cases. Lorillard, a subsidiary of Loews Corp., makes Newport, True and other brands in addition to Kent.

About 10 more Kent cases are pending nationwide. Dan Childs, whose Philadelphia law firm has been involved in most of the cases, predicted there will be more.

“I think the evidence is overwhelming that they [Lorillard] were involved in wrongdoing,” he said.

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