Smoker's widow wins first lawsuit


Friday, February 13, 2009 | 1 comment(s)

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FORT LAUDERDALE, Fla. (AP) — The jury that decided a 40-year chain-smoker was helplessly addicted to nicotine must now decide whether tobacco giant Philip Morris owes his family potentially millions of dollars for his death from lung cancer.

The next phase of the closely-watched lawsuit filed by the man’s widow, Elaine Hess, starts today in Broward County Circuit Court. Hess’ lawyers plan to argue that Stuart Hess became hooked on cigarettes because of deceptive practices by Philip Morris that hid the dangers of smoking.

The lawsuit is the first of about 8,000 such cases to go to trial since the Florida Supreme Court in 2006 threw out a $145 billion jury award in a class-action lawsuit on behalf of thousands of smokers and their families.

The state’s high court upheld the conclusion that tobacco companies knowingly sold dangerous products and concealed smoking’s health risks, but ruled each case must be proven individually. The jury’s decision Thursday that Hess did not continue smoking by his own choice was crucial.
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Dave wrote on Feb 14, 2009 7:13 AM:

This is unbeleivable..We have known of the hazards of smoking for years...I,m 71 and have known about the danger since i was a child..How can any company be responsible for a persons own choice of what to use and what not to use..If a person knowingly takes an overdose of any substance that can kill you is that company responsible???? i dont think so.stupid people do stupid stuff and then blame anyone that they can..It eventually costs everyone of us in some manner in the long run when these dumb people win these kind of lawsuits..


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