Smoker’s Widow Loses Suit for Damages

A federal jury in Ohio rejected the claims for damages sought by the wife of a former smoker who died in 1996, four years after he contracted lung cancer.

The jury ruled unanimously against Jocelyn Tompkin in a lawsuit that alleged that her husband, David, had developed lung cancer while using cigarettes produced by various tobacco companies from 1950 to 1965, according to a court clerk.

The federal lawsuit, filed while Tompkin was still alive in 1994, included allegations of defective product design and failure to warn of the dangers of smoking.

Tobacco companies had argued that Tompkin’s exposure to asbestos as a bricklayer caused the disease. Evidence also was presented that the link between cigarette smoking and lung cancer was common. Defendants included American Tobacco Co., now owned by Brown & Williamson, a unit of British American Tobacco; Philip Morris Cos. Philip Morris U.S.A. unit; Loews Corp.’s Lorillard Tobacco Co.; and Liggett Group, which is now indirectly owned by Vector Group.