Judge to Review Jury’s Award in Smoker Case

A Los Angeles judge may decide today whether to overturn a jury’s order that tobacco company Philip Morris Cos. pay a record $3 billion to longtime smoker and cancer victim Richard Boeken.

The cigarette maker claims the verdict amount is far too high relative to similar cases and that Boeken’s testimony was tainted by past criminal convictions the Los Angeles County Superior Court jury was not allowed to hear about.

Boeken is a 56-year-old Marlboro smoker dying from lung cancer who in June won the largest-ever punitive damages award for an individual.

The jury ordered Philip Morris to pay Boeken $5.5 million in compensatory damages and $3 billion in punitive damages for the company’s fraud, negligence and making of a defective product.

Boeken’s attorney, Michael Puize, argued during the trial that the company deceived consumers about the risks of smoking.

A hearing will be held today before Judge Charles McCoy on two motions filed by the cigarette maker--one calling for an entirely new trial and another that would limit the judgment to no more than $25 million.

The judge is expected to rule from the bench or within a few days of the hearing.

The massive award came in the first smoking and health case tried in Los Angeles County. The courthouse near downtown Los Angeles that rendered the Boeken verdict, called “the Bank” by local trial lawyers, has a reputation for large damages awards.