Judge to lawmakers, "You may not have the cojones to tackle tort reform, but I do."
Posted on 09/14/2002 1:54:17 PM PDT by Tumbleweed_Connection
A judge cut a flight attendant's award in a secondhand smoke lawsuit from $5.5 million to $500,000, saying the jury's award was not justified. TWA attendant Lynn French had argued that her sinus disease was caused by exposure to secondhand smoke in airliners. French, 56, of Calabasas, Calif., worked for 14 years before smoking was banned on domestic flights in 1990.
She won her case against four major tobacco companies and was awarded $5.5 million in June.
Miami-Dade Circuit Judge Fredricka Smith reduced French's award Friday.
"The court recognized that the evidence did not justify the award ... The ruling will now clear the way for an appeal, in which we will ask an appellate court to set clear rules for any future trials," said William Ohlemeyer, vice president of Philip Morris, which was named in the suit.
French's attorney, Marvin Weinstein, didn't immediately return a call for comment Saturday.
During the two-week trial, lawyers for the tobacco companies called doctors who said French's disease was more commonly caused by bacteria and allergies than by secondhand smoke.
French's lawyers told jurors not to trust the doctors, saying they were paid to testify.
Defendants along with Philip Morris were R.J. Reynolds Tobacco Co., Brown & Williamson Tobacco Corp. and Lorillard.
In a $349 million national class-action settlement in 1997, a system of mini-trials was created for attendants suing the four cigarette makers. About 1,800 fight attendants are seeking money for illnesses blamed on secondhand smoke, but none had previously won a lawsuit.
On Sept. 4 a Miami jury rejected a similar claim by former American Airlines flight attendant who suffers from sinus problems. Two other suits resulted in a decision favoring tobacco and a mistrial.
And her doctor's weren't paid to testify? Cut me a great big break.
I'm sorry - I am not and have never been an apologist for the tobacco companies, but guess what - this has got nothing to do with the tobacco companies, and it never should have. The airlines permitted smoking on the planes, if she thinks that smoking passengers caused her problems, she should be suing her employee for workman's compensation or some other job related injury claim.
I have never understood the hows and whys of the tobacco companies being dragged into what amounts to an issue between and employee and an employer.
STING!
Someone needs to tell us why from a legal perspective there cannot be limits or compensatory damages.
Judge to lawmakers, "You may not have the cojones to tackle tort reform, but I do."
Billybob
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