Posted on 03/04/2005 5:22:38 PM PST by NormsRevenge
LOS ANGELES (AP) - A jury found Friday that tobacco maker Philip Morris USA is not liable for damages in the death of a man who smoked for 35 years.
The jury returned its verdict in the case of Fredric Reller of Marina del Rey, a longtime Marlboro smoker who first sued the company in Nov., 2001, alleging that Philip Morris misled him by failing, for years, to acknowledge that smoking is addictive and may cause cancer.
A jury cleared Philip Morris, the nation's biggest cigarette maker, last August of negligence and misrepresentation in the lawsuit, but deadlocked on one count claiming the company fraudulently concealed the dangers of smoking.
Reller died shortly after that verdict and his widow filed for a rehearing on the one deadlocked count. She also added a count of wrongful death and asked for damages in excess of $17 million.
The second trial began on Jan. 11 and jury deliberations began Thursday.
"Based on evidence presented at trial, it was clear that the plaintiff's husband made an informed decision as to whether to smoke," William S. Ohlemeyer, Philip Morris USA vice president and associate general counsel, said in statement Friday.
Reller's attorney Michael Piuze said he and Mrs. Reller were "disappointed" at the jury's verdict.
"In his videotaped testimony taken before his death, he admitted that he was ashamed and embarrassed that he had believed Philip Morris lies and deceit that there was no valid scientific proof that their cigarettes caused lung cancer," Piuze said in a statement Friday.
Piuze won a major victory against Philip Morris in 2003 in the case of smoker Betty Bullock.
In that case, the company was ordered to pay $28 million to Bullock, who contended the company knowingly concealed the harmfulness of its cigarettes and manipulated the level of nicotine to keep its customers addicted. The award was reduced from an original jury award of $28 billion.
The flippin Feds need to pass legislation to terminate these ambulance chasers' flippin lawsuits against the tobacco industry.
That this is even news speaks volumes about our society.
Hey you know, it says on a bottle of Drano that drinking the bottle will cause extensive internal damage, but you know what? I`m gonna drink it anyway and sue the company.
That ANYBODY should be able to bring any one of these lawsuits to trial is beyond the beyond in my comprehension. I mean what did this guy think, "Hey Bud, smoking causes cancer"..."No way, for real?"
I mean what are we going on now, the 40th year since the surgeon general determined smoking kills? And this guy is trying to put off that he had no clue?
By the way, I smoke 2 packs a day. Not kidding, Marlboros. I`m 42 years old and if I get cancer I will only blame myself. My lung feels great.
I wonder how many packs of smokes he held in his hands over the past 35 years? Each one bore the surgeon generals warning.
The trial lawyers and their allies in the judgeships are scum.
Excellent news! People should not sue and profit because of their own (or in this case, their relative's) stupidity.
ping
Since the 60's their has been a disclaimer on every pack of cigarettes sold in America!
It's about time the courts realize that people have to take responsibility for their own actions.
Great news! Warnings have been on cigarette packs since the 1960's. And even before that, they were commonly referred to as "cancer sticks" or "coffin nails".
Anyone who claims to have not known the danger is - not to be as nasty as I want to be - not very bright.
yes, and before that - in the 50's - they were commonly referred to as "coffin nails" and "cancer sticks." Also only cost $0.05 per pack, as I recall.
Well, ok, but . . . how about the other lung?
This lawyer needs to be sanctioned.
Loser pays.............anyone?????
One old song from the forties was
Smoke, smoke that cigarette
Smoke until you smoke to death
I was a heavy smoker and finally quit at 45. (after 30 years)
I am now 50 and feel better than ever.
It wasn't easy, but quiting is probably the best thing I ever did for myself.
My grandfather called cigarettes "cancer sticks" when I was a tiny girl...and I'm 64. That was many years before any warnings were printed on cigarette packs. Nice try, but no cigar.
People who sue tobacco companies are beneath contempt.
The inexorable march to the grave is dotted with choices, but we all end up there, regardless of the ones we make.
For God's sake, will the whining never end?
I suspect if I die before 77, I will die from some other cause than smoking!
My smoking grandfather called them that too.
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