Tobacco Documents Online

, Miami, Aug. 2 (TJPI).-A fed- eral court jury ruled today that a Miami man died as a resultof amoking cigarzts for 30 years but refused! to hold'the American To. baeco Co. liable. The decision eame after 10 of wheth'er[heverdict servesno- howrs of deliberation in a $1.5 tice on qi arec manufacturers miliiort damage suib filed bythe, that ey mi h . estate of Edwin P. Green, whoirt the [utureg t beheld liable died in 1958 ot lung cancer. It A similar dama e.uit a aiust was the first time such a suit,g ft direetlyattarkinR a tobaccoman- PiRLsburghhendedTo ba`iBYCw•hen i ufacturer over thedisputed claim the judge ordered.s diiectedver- that eancer, cig had arets gone may to a jcauseurylung dict of acquittal, tossing outa jury. 2n0000 damage suiG filed b~• T'hree Pointa Z1 Ruled on,, Otto Pritchard, Pittstlurgh raNi~- T¢e 12-member jury ruled on netmaker, Pritchard contended hr four questions: whether Green. contracted lung cancer fronhad'~ lung cancer; whether ]ung smoking Chesterfield cigarets to, cancer caused his deatt.;jw'hether yg years. 1 ~ Y~~"e,tr~wtC. ''';~r4~'`^~'~`._`t x`~' ~ _?ii'?.ry}Y#"-~~?ir _ti~.~~!}~ :svr.j„:+'~.f~i'~-~of.~'x-'~'{.~~~.,,•,.• r. _ ...;r,,.z r.1~`fYt . :.~ r~2f`-.{ y~ -...,~~~~s,Miaml -- Both sides in a~`1 5 million lung cancer damage suit against the Americaa Tobaeco Co claimed victory today, and it appeared the jury's findings `- r Blljlportedt23elr Qliai>IDS-.''."LI .t?sva'y~".,r~ya~ ~r *'a.-F - k y ~.~„ N.- l; -~:~ .~y _,,7 ~ t ° '£i.x4~ 5--:" ~~~~~~~ ,. ~/J C_\•r ~! ~_ t "•xw. .J" fY,,:y.*~~/ !f... ~r•t•slJ . The 12-mt?mber ~ury, co>aposed of 11 smokers and one noa-smoker, ruled yesterday ,that Miami contractor Edwin P. Green died as a result of 30 years of heavy cigaret ~ `~ ~ smokiag.But the Jury disallowed damages against Aaterican Tobacco by Green's estate `4l5''jS.$~'':i.~w.'.-"'•3~~' ~-ti~'J^L'@s°~, .x s <whC ~h'.k{•`..J...,i =<x~i~,:_-; + ~ , i -_. •.,.,,~:. . z ,_'. -:.. _. -. . . .~~ "'.yx~• ,~w t-~,;.:.. ~9~i'~?, ~It was the first time the' chlestion of whether cigarets eancause lung cancer 21 as ever reached a jury in the United States. ;• i..wL.~ x . .. . + . . ~?vt .~ax"s~-:=a~3os~•''~# .3'. "^e';.-s,-:'tt i,,..tk:'r z k. . _. ~~-}I?r Larry V. Hastings, attorney for the estate, said his side had'won a'moral victory x ; . Y~~ : ,~. f v . . .,. i .. ~a°A~:SIA{ ~zfiA`fi>_.-.vbr :~";~`.'~r~... . .c~.«. .ft •"~t? . ~~ ~s .2~".J-n r -..,s .. ~-•-..... . ~'F-.9r~~~ hope the findings will provide the impetus to make them (tobacco companies) "~ 'take steps toward producing a safer cigaret, Hastings said. ~ He said he did not believe the jury's decision might lead t'o many more suits .,; agsinst tobacco firms, sayingthat each case of lung cancer is different. ~s„x ~y':rtIa New York, American Tobacco Vice President Alfred B. Bo~.3en said, It is k:gratifying that the first jury to decide a lungeancer case has returned a verdict 't~'in favor of our company. Y -'-"Testijr.ony by doctors and scientists during the trial brought out the fact that the theory of cigaret smoking as the cause ofcancer of the lung is not substantiated." tbe IunR ean¢en wascsusedby his • ^ ^~S' I1t•Mtar QAgA/aTN smoking Lucky Strike cigarets, and whether the American~ To- .~~ ~ .+Ma , ••WJ__-W - ~ bacco Co. was liable for his death. • Th jury answered yesonthe e~ fintthree questions,but no~on ~~:Dar~age Ciair~ thela5t ~- Eleven of the jurors are dgaret afih smokers. The 12th does not In Cig De smoke. A Point to Ponder A court official said'thejury's verdict indicated~' it felt that the danger ofcigarets in causing cancer was not known sufficienC- lyin February; 1956~- when Greenls cancer was discovered - to hold the company liable. This posed the legal question August 3, 1960 A Federal court jury ruled that a Miami man~ died as a result of amoking cigarets tor30years but refused to holdAmerican To- bacco Co. liable for hisdeath. A $1:5 million damagesuit had been f5led by the estate of Edwin P. Grecn,who died In 1458 of lung can- cer. Howcvem, the jury held thati the danger of rigarrts in rausing cancer was not known sufficicntlyin Frbruary„ 1958-when Green's - canecr was dYecovered-to hold the tobacco, company liable. NEW YOf;1C IDAII.Y NEWS New York, New York August 3, 1960