From: Joe@smokefree.org
Date: Sat, 01/10/04
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If you are looking for a lawyer, go to http://www.ttlaonline.com/ttlalist.htm
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NY Jury Orders Tobacco Cartel to Pay $20 Million
First loss in New York expected to lead to more lawsuits
NEW YORK, 1/10/04... On Friday, a Brooklyn (NY) jury ordered Brown & Williamson
Tobacco Company, the Tobacco Institute, and the Center for Tobacco Research to
pay $20 million in punitive damages for the death of Harry Frankson, a 57
year-old Lucky Strike smoker. In prior weeks, the jury had found the companies
50% responsible for Frankson's death and ordered them to pay his widow $175,000
in compensatory damages.
The tobacco cartel has lost 14 individual cases so far, with hundreds pending.
Four years ago, it agreed to pay more than $200 billion to settle lawsuits
brought by Attorneys General from all 50 states. It also lost class action
suits in Florida for $146 billion and Illinois for $10 billion, but those
verdicts are still on appeal.
"The Frankson verdict is a big deal, because this is the tobacco cartel's first
loss in New York," says Joe Cherner, a former Wall Street executive and expert
witness on punitive damages. "Given that tobacco kills thousands of New Yorkers
each year, this verdict will likely encourage other New York plaintiffs to come
forward."
Frankson's lawyer, Gary Douglas, had asked for significantly greater punitive
damages but called the $20 million punitive award "a just and fair result."
Punitive damages are not intended to enrich the plaintiff. They are intended to
penalize the guilty party and discourage future misconduct.
At least two jurors wanted to award greater damages. One of them said he had
been outraged by evidence in the case showing that tobacco companies covered up
the dangers of smoking. He said "they're going to keep doing it" unless they
are punished.
Tobacco cartel lawyers argued against punitive damages saying that the tobacco
cartel had already gotten the message and is changing its practices.
If you are looking for a lawyer to represent you against the tobacco cartel, go
to http://www.ttlaonline.com/ttlalist.htm
Joseph W. Cherner
"Never doubt that a small group of thoughtful citizens can change the
world. Indeed, it's the only thing that ever has." Margaret Mead
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