Posted on 09/05/2002 6:56:28 PM PDT by KS Flyover
Jury says flight attendant no victim of seconhand smoke
Copyright © 2002 AP Online
By CATHERINE WILSON, AP Business Writer
MIAMI (September 5, 2002 7:22 p.m. EDT) - A jury rejected a claim against tobacco companies by a former flight attendant who blames her sinus problems on secondhand smoke in airline cabins.
The six-member panel agreed Thursday that Suzette Janoff suffers from sinusitis, rhinitis, allergies and other ear, nose and throat problems, but concluded that her on-the-job exposure to smoke was not the cause.
"All the questions were answered in the medical records," said Anthony Upshaw, attorney for Brown & Williamson Tobacco Corp. "That's all it took."
Ronald S. Milstein, vice president and general counsel for Lorillard Tobacco Co., said Janoff suffered from pre-existing conditions that can cause sinusitis, her most serious illness.
Janoff, who worked for American Airlines from 1983 to 1996, and her attorneys said they were disappointed with the verdict reached after nine hours of deliberations spread over two days.
The trial grew out of a 1997 class-action settlement between four leading cigarette makers and nonsmoking flight attendants.
The settlement set up a $300 million foundation to study smoke-related illnesses and paved the way for a long series of compensatory damage trials. Punitive damages are not allowed.
Three previous trials on attendants' claims have ended with a $5.5 million verdict, a decision favoring tobacco and a mistrial. About 1,800 other claims are awaiting trial.
Philip Morris Vice President Bill Ohlemeyer called the jury's decision "the right verdict" based on the evidence. He said the majority of the other attendants' claims are similar and he expects more verdicts in favor of the industry.
Miami-Dade Circuit Judge Leslie Rothenberg conceded making mistakes by allowing the jury to consider whether Janoff and the airline were negligent.
Janoff's attorneys plan to file new motions with the trial judge but said they have not decided whether to appeal.
Neil Kodsi, attorney for R.J. Reynolds Tobacco Co., said the verdict should send a message to others considering secondhand smoke claims that juries will scrutinize the medical evidence.
Janoff said she was exposed to more than 6,500 hours of secondhand smoke in airline cabins before a federal ban on in-flight smoking in 1990.
The tobacco industry blamed her sinus problems on allergies, and a doctor for the companies told jurors that the first of her two sinus surgeries was unnecessary and amounted to malpractice.
No, no, no, it's, "I was around smokers and all I got they gave me was this lousy sinusitis."
Some good news for a change, I must say I am surprised, juries usually like to screw big tobacco ....... right or wrong.Some good news fer sure. The jury actually took their time and studied the scientific evidence, or the lack of scientific evidence.
When I worked as a Government Travel Agent, I was privy to the information about the "filters" in the airplanes.
At that time, they had a smoking section, and increased the air to clear out the smoke. The filters were really filthy! Experts went in to test the air, and the air was just as bad in the NON smoking section as it was in the smoking section!
But get this: once the airlines went smoke free, the filters are STILL filthy because they aren't using as much air, to save on fuel so they say.
It' all BS!!!!
It' all BS!!!!I know that's right!
Hey SheLion, how about pinging your smoker list.
Thanks 
Heroes Do Smoke"
The Flight Attendant from American Airlines Flight 63
Christina Jones
Great news- rational decisions by juries are rare these days.Ain't dat a fact.
Too much touchy-feely victim-i-zation goin' on out dare. </Ernest Hollings Voice>
That was the deal that got the airlines to jump on the ban wagon. It started in Canada when the Minister of Transport bribed the airlines to ban smoking, in exchange for reduced ventillation standards. The cabin air is recycled so much now that the air quality is actually less healthy than it was when smoking was allowed. As my favourite poster over at Trash Talk pointed out, the solution to pollution is dilution.
I'm not sexist or anything, but I used to amuse myself by calling for a 'stewardess' and getting the indignant attitudes.
Then stay away from smokers! Simple!
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