Posted on 09/17/2004 10:41:14 AM PDT by LouAvul
SAN FRANCISCO (AP) - The California Supreme Court has rejected an appeal by Philip Morris USA to reduce punitive damages awarded to a former smoker with lung cancer who won a landmark verdict against the tobacco giant. With a unanimous vote Wednesday, the state's high court reinstated $10.5 million in damages to Patricia Henley, dismissing Philip Morris' appeal without comment. The company could seek further review in the U.S. Supreme Court.
In April, the court agreed to hear the company's appeal and decide whether $9 million in punitive damages went beyond limits set recently by the U.S. Supreme Court. The court's decision to review the case put Henley's damages award on hold.
Henley, of Glendale, who smoked for 35 years starting at age 15, was diagnosed in 1997 with lung cancer, which is now in remission. She sued Philip Morris, accusing the firm of getting young people addicted to cigarettes and concealing the dangers of smoking.
In 1999, a San Francisco jury awarded Henley $26.5 million, the first verdict against a tobacco company under a 1998 state law that allows individuals to sue for newly discovered smoking-related illnesses.
(Excerpt) Read more at modbee.com ...
Would someone please link or provide the title to the SCOTUS case referenced in the article?
If you want to smoke thats fine , but you shouldnt get one dime because you did a stupid act.
Unless, of course, you were from that generation that was told that smoking was 'cool' and wouldn't hurt you.
But cancer?
I question that particular aspect of it.
My belief is that cancer is genetic, and skips generations sometimes.
Both of my parents died of cancer but only my father smoked.
BTW
My father died of 'colon' cancer, and not lung cancer.
My mother died of a massive 'cancerous' brain tumor.
I'm a smoker as well, and I've always had breathing problems, although not as distinctive as now, since I was a kid. Never really could hold my breath very long.
It's just my opinion, but I think smoking aggrevates lung conditions.
Not the other way around.
I always feel good when PM takes a hit.
PM should have gotten out of the tobacco business decades ago......they cave in to every anti-smoker natzie that comes down the pike.
Anyone that continues to by PM tobacco products has no one to blame but themselves for the increase in prices - but do those of us who refuse to purchase PM products a favor by leaving the rest ofus alone.
Doin' the same old thing again (doin' the same old thing again)
.........
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