Why is it the defense attorney(s) can't hammer this point ?
They do, but most of these things are done on emotion, not fact.
This isn't new information, as you surely must know.
I've been smoking since I was 11 years old, and if I drop dead tomorrow, I blame no one.
The essence of freedom is making one's own choices in the crapshoot called "life."
There are innumerable choices people make in life that are "unhealthy."
The unhealthiest choice is the acquiesence to the notion that perfect strangers are entitled to dictate to other adults how to live their lives.
This is the critical point at which individual freedom breaks down.
The "second-hand" smoke canard had to be constructed in order for the usual suspects to sustain their viability.
Too bad they can't just live their own lives, as small as they must be.
I started smoking when I was 17 and quit when I was 20 because I remembered that film! Yep, people have known of the health effects of ciagrettes for many, many years. These lawsuits should never, ever, be brought to trial.