Tobacco Documents Online

RICHMOND TItdES-DZSPATCH R><chmond', Virginia ~ ' may 18, 1962 Smoke, Cancer and the Law rel:ent' Fiorida court casee nets are reasonaby wholesome or fit forr the pnrposee forr which they' ara sold, butt snch. ImpOed warranty. does not: . coversub-' sub- stances in themaeafactured prodbct,tlie harnofrtl effeets of wh'1ch no developed human skill or foresigh't't can afford knowl- edge. If the court had ruledlagatnst the m'anufacturer, far - reaching, questions might h a v e been raised as to the liability of manufacturers of other products over' which there Is similar' dis- agreement as to possible harm- ful effects. For instance, one school of medical thought today holds that foods with high' cholesterol oontent--such' as eggs, alilk and butter-can be a factor In caus- 1ng,aertain types of heart and circulatory a'ilntents. If damages were oollectable in such' cases, the courts couldn't accommodate all the suits. provided an Interesting sidelight 1n,the awntroversy'over'cigarettr and lung cancer. .A' federal district court jury bad found that cigarets caused a lung cancer that, in turn, was, the' cause, or one' of l the causes, of the vSctim's death In 1958, ' But the jury al3o found that the manufacturer of the olgaret could not have known that users of the product' would (in, the Jury's' opinlon) be endangered, and therefore the•'manufacturer was not liable for damages Erotlght by the victim's estate: In upholding that finding; the FSfth Federal Circuit Court on May 2 quoted approvingly the district judge's charge to the jury that: " . The manufacturer ofproductb wh'Ichare offered forsale.to the public In'the4 original package , 1or hmman . consumption or use .. btpLdtly.warnants.t;Lat Its prod- WALL S7RtEET JOURNAL Hev'York, New York May 7, 1962 - .1~~'~?en f i Court Upholds Verdict For American Tobacco In~ Lung', Cancer Case 'PSE WASHINGTON POST Waeht<ngtr•uny D.C. jasy 6, 1962 10, Cigarette 1 BW ORLEAIS, Dtay 5(AP) smolung was one of'the causea .A, Fcderal Appeals Court has of a fatal cancer of Edwin upt.elHl a low•rr court ruling f reen Sr:, lhc lotiaecn firm that exonerated a cigarette could not have forrscen thal' manufacturcr in the death,of Lucky Strike smckc.rti wouiA a Florida man of' lung cancer be endan;o°cd hy smoke in- cauaed by cigarette smoking. halation:. In New York l'aul Hatin, Green claimed in the suit brought ir. 1957;, that' tiehad pr. <identof the_4tr.crioan To-.cnutracted! . lungcancerfuam baoco Co „ said the firm was sn,okLng Lucky Strikos. When ^ralitiod as the decision handed l he died scteral months, later. duwn Thur~dayLp thcFifth.his.~.n.Fr.A,v,Glxen~.Jr:, uas li.S CircuitCour.'uf AVPeals:,substitlrtc:'a,a p:zinliR und.:r Tile Flbrida ;ury had dc- Fiurtda :a:.. 1!is w'+iou :1so cided ths', w•ttiie cigarette filbd,suit. An ~. American ~ Totucco spokesman said the in me.e msaenung opmroo :wr/ttut DyJudge company has other lung cancer suits pending gen (T.. Cameron. tt:wae argued that..ttdil "t1n-againat it. plied warranty" boundAmerioan Tobaecv.'to In another case etlll pending in :the , eourts, the consequenees, . of smoking:. '•I'I do not'.t think Otto,E. Prittchard, aPittsburgtiearpenterwho that onewhowarrantswhokaomeness'.oan at sued Liggett & eapeliability; by, showfna'that'It exeteised' amokediChesterfi'eld clgareta , Appeals Panel Rules Firm «'as Myers Tobacco Co., the producer, for's1•2so.ooo reasonable eare ln lts eftorta' to aanu.a' tt. ~~ot Liable ' fbr. ~onseqpences~,uor damages following the removal of his.right Such an opinion~~.is. in..my Opinion, a refetatfllrt ngg beeause off cancer. 'Phatease originallyy of the.whole idea ofwarranty," Judge.(aameron Of Smoking;'One'Judge Dissents was decided in favor of the company, by a trial said. judge,.but.a U:S. Court,of Appeals reversed the The company'a representation as.towhole- decision and ordered that kjury hearthe.caser somenesa, he.addedJ ••has thesame.tegal effect AWAL'L.STRERSJOVRRA'LNNe1,Ro4RLY) A company spokesmaw indicated the jury trial , ,.aa.if appellee! had..entered Ititoawtitten Averdict, favonng. American Tobacco ~ Co. would bee convened sometimee this fall. cuotraet ... covering every,paek'ags oG c1g•-' '~ in a lung cancer casewas.upheld In a2~to-1.de• 7n.upholding~Ghe~demsionof the.trial eourt.in rety purchased byy htm. cision by, the MS. Fifth ~ Circuit Court oE'. Apy the American Tobacco case, the appeala i eouet , peals in.New Orleans: saiditliat,. although it accepted the.findings tDat, The ft.Smillion suit was decided,bya.jury Greenhad died of lung, cancer~ induced, by In favorr o6 the ! eigaret company in Miami, cngareG smoking, it couldn't eonclltder' that Fla., on.Aug:.2,.1960. The.suit was.orlginally, American Tobacco was reaponaible: Inthe.me-broughtn by, FdwinM. Greenn in 1957. After he jorityy opinfonn written by, Judge Richard T:. diedlin,19s8; a consolidated aetionwas brought Fivea, the court held "the defendant eQulflinot' againstA~merican lbbaccobytheadminlstrator bee held liable as an absolute~ insurer agatnstt of'Mr. Greenla estateande by his widow. eon.eqyences of which noo developed human, Paul! M:, Hahn, preetdMt of American sldll or foresight could afford knowledse:'," Tobaco, maker of, Lucky Strike, Pall!Mall,and The court ' maltttalned, tlut„ althoughthe.. Tareytoncigarets;.said, ••Thts decision affirma eompany, had advertisedlts cigareta as being, the flhding,for the compaaymade by.the first.wholesome and fit'..for'smoking, this "implied Jury to consider and render a judgment.t in s warranty" didn"toover,substanees whose elfect'tung cancer eaaeinvolving smoktng;'•' can*t be knovm' i