New Win for Tobacco in Missouri
The tobacco industry Thursday scored its second legal victory in less than a week when a federal court jury in Kansas City, Mo., ruled that Brown & Williamson Tobacco Corp. was not liable for the lung cancer death of a longtime smoker.
The Kansas City verdict followed rulings Monday by jurors in Memphis, Tenn., absolving B&W; and larger rivals Philip Morris Cos. and R.J. Reynolds Tobacco Co. from legal responsibility in three other lung cancer cases. Industry officials are hoping the victories signal a shift in momentum in the smoking wars. Earlier this year, Philip Morris was tagged with huge damage awards in two West Coast tobacco trials.
In related developments Thursday:
* A judge in Portland, Ore., declared that a March punitive damages award of $79.5 million against Philip Morris was excessive, slicing it to a still-hefty $32 million.
* A class-action suit was filed in Phoenix accusing Philip Morris of falsely promoting “light” cigarettes as less harmful.
The Kansas City suit was filed by the family of Charles Steele, who smoked for nearly 40 years and died of lung cancer in 1997 at the age of 56.
During the trial that began May 3, attorneys for B&W; denied that his cancer was smoking-related, arguing that he had been exposed to hazardous chemicals during his employment at an aluminum foundry and brick-making plant.
Jury foreman Gary White, 57, who said he has been smoking since the age of 12, said Steele “knew what he was doing. He knew [cigarettes] were bad, but they gave him pleasure.”
In the Portland case, a state court jury on March 30 ordered Philip Morris to pay more than $500,000 in compensatory damages and a record-breaking $79.5 million in punitive damages to the family of Jesse D. Williams, a former school custodian and Marlboro smoker who died of lung cancer in 1997 at the age of 67.
Multnomah County Circuit Judge Anna Brown on Thursday rejected Philip Morris’ motion to set aside the punitive award, but pared it to $32 million.
The Phoenix case claims that Philip Morris promoted light cigarettes as less hazardous, despite knowing that smokers of low tar and nicotine brands tend to compensate by inhaling deeper and smoking more.
