Smoker's widow wins first lawsuit

Friday, February 13, 2009 |
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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