Tobacco Documents Online

WSM CITY STAR SMUKIR AN ISSUE C 1 734 - 141 Ktulsas^City, Mo., . N IN A FEDERAL SllI 1F Kansas rztY- Miipqn„r, \.i. . _ ~--- . .. • T- . ln~ inLn~n fhoapoeHvo Juron Ouhzad on: Attitudaa Toward C1par.Ms., LAW'YERS DISPUTE ~AsKS425ollooo DA~MACES~I °~~CAU'SE ~ QF CANCER" ~ 111laintiff Contands That Ulsa Opaning Statam.nY Mad. in i of Tobacco Caused Trial of Injury Suit Ask- a Cancar. Ing $20,000. <.selaction of a federaloottrt . QLAINTIFF TAKES~ STANC jury for a S?50,n00 suit against the Philip Morrts: company to• day resulted in a survey of the . ;,amokiag habits of' prospective .. 'John T. Rosa, 9901 West Nuur . ky aeeenth terrace, Overland Park, an employee of'the Better Business Bureau here from 19tt+1 to 1960, is seeking'ttie damages, oontending',that negligence ex- 1sted on the part' of' the com- paoY, wtdll holds offered an :'imp1ied warranty. - Victim of Caneer.. The cigarettes of the Philip Morris company, according to Itoss, induced, caused or con- tn-buted to a throat cancer'for whiFd, Ise_has undergone sur- gery. Judge Floyd R. Gibson of the. Uoited States D i s it r i e t court found that three out'ot the 21 prospective jurams ~exa+at~- were non l smokens. One man, who was 52 years old; said he quit' smoking eight years ago, although he had been smoking simce he was 2& - None of: the 21 persons qutes- tioned were exclusively pipe smokers. The jurist' found that be had two cigar smokers and one pipe and'cigar smoker be- fore him. Six who saic1, they smoked cigarettes also asserted they smoked cigars. None admitted smoking as much as two packs of cigarettes a day. Gives No. Reasow. One of those questioned said be smoked Philip ilforris ciga- rettes for three or four months e.cclusii^ely„ but was unable to cSte any particular reason for so doing. Seven persons admittedl they used filter tip ciganeUes and - ooe of them said he may hava been influenced, to smoke a ftl- •ter tip cigarette, because of advertising:. Three pil were quickly excused from jury service for the case. One said I he bad' a strong', feeling', that cigarette smoking,caused cancer; another said he believed smoking did not cause cancer. The third per- son was dismissed because he said he was against smoking on teligiau' grounds. ' Ovarland I Park Man Says He Was Misled by Tobacco Advartisinga . opening statements were made yesterday afternoon in a trial in whichthe , long-disputed connection betw'een cigarette smoking aqd cancer will.be at issue. The trial Is being held before a jury in the U. S.. Dis- tric6 court of' Judge Fl'oyd R. Gibl . John T. Ross, 62; uf 3901 West Ninety-seventh street terrace, Overland Park, seeks fi150;000 from the Philip Morris company. One od, his attorneys, Lyman Field, told the juryc 0 That medical i experts wn'll testify that,Ross1athroat'caneer was the rea•utlt of his smoking. • That Philip Morris should' have been aware of the link with i cancer. 0 That Pnwp. 6lorniss adver- tising in the 1M and 19aos as- sured i smokers that' its product caused no throat irritation and gave real protection. David Hardy,,an, attorney for Philip Morris, asserted: 0 That cancer remains a my- stery and there is no proof it' is caused by,cigdrettes, • That even if it were, Ross's, cancer was in an area of the food thact' t.hat' was not expos..^d to cigarette smoke. •Tbal Ross contracted a rare kind of cancer which hae not'increased through the years as has cigarette smoking. Late in, the afternoon, Ross took the,stand and spoke with the aid ob an electrical appli- ance. He has used it since his larvnx, a juglar vein, and parts of his throat, nerves and mus- cles were removed at the 1liayo., clihic- Ross said he was unable to continue long years of employ- ment with the Better Business Bureau because his voice was imoared. He said he was attracted to Philio Morris by radio com-, mercials in,the early, 1930s and! never purchasel other brands: Occasionally: he saidJ he amaked another brand when he wass unable to borrow a Philip lUlorris. The trial is expected to last aeveral weeks. CIRARf TTIE HARITS' RELATM AT TRIAL KAN, CITY John:T. Ross, 62, Says He Re- lied on Adrortisamants of STAR:Sa Company. Kansas City, . - Missoua•i'' FAID NO HEED TO OTHERS June 19s 19[,62 Witress Says Ha Began to Smoka 30 Years Aqo-Pas- toron Stand. John T. Ross, who is suing f;e Philip Morris company for, ti.501rn16, testified in U. S. Dis. tricl court' today he read I and relied on adi•ertisements of thai 1 cnml cigarettes.. On i cross examination he said he pai.il no heed to the advertise- ments of other brands of cig- a-ettes.. The 62-year-old i Ross alleges use , of Philip Morris cigarettes was responsible for his throat' cancer. The damages, he al- leges, cover past and future earoing5 losses and medical ex- peases. Tllls of, Habits. David Hardy, an attorney for the cigarette company, asked' ~ Rbss about his smoking',habits. Ro:;s said he started smokfng wnen he was 30 years old' and I by the time he was 33 was smoking a, pack a day: The fnilowing year he bad increased his consumption to, two packs `a day and by the time be was aa or 40 was smoking three or nnre packs a day. Questioned by his attorney, Lyman Field, Rou said during f.at time and up until 1951 be experienced no trouble with his thrnat. Then in 1951 he began having the L^ouble which was suon diagnosed as cancer.. An operation in 1952'aeft' Ross w,:5out a voice~ hoxand, with impairea breathing. Pastor oe biand: Ross's testimony, was inter- ru nted so that his church pastor at that time. Dr:,James B. Kan- na, of 6srL4 W'est,Sixty-siicth ter- racet, Overland Park, could testify. He told the jury that ft th i ' a er, e operat on aad h is re- ~ . V su:tant' loss of voice Ross was •, r d d d b' ~ e esse an em arrassed. i:oss testified that this loss of vx:e dtastically reduced i his r':i;ity to carry out his work k v h the Retter Business Bureau:. w:^re he had been employed c•nee 1914. He said he was final- lv terminated there in i 1960, al- t hough his loss of voicee would hnve justified earlier action. Rnss speaks with the aid of an electricai vibrator which hee hn!ds against his th'roat. He. )rve,c at 3901 West' Ninr.y. arventh street terrace. f)verv land Park.