Jury award against Kool maker tossed

A state appeals court has thrown out a $20-million jury award against Brown & Williamson Tobacco Corp. but narrowly agreed there was enough evidence that the company had tried to hide the dangers of smoking from the public.

In a 2-1 decision, a three-judge panel with the Missouri Court of Appeals’ Western District upheld the verdict against Brown & Williamson in a case filed by the family of a woman who died after smoking Kool brand cigarettes for almost 50 years.

But the panel intends to send the case back for retrial on the issue of punitive damages, saying it was unclear what evidence jurors used to develop the $20-million figure, the largest tobacco jury award in state history.