Tobacco Documents Online

ew 0 i SACRAMENT(t BF.E AUG 2 4 1996 Jury: Cigarette hEms inot liable for cancer death Aaiuai6tedPrea ~•.A'M , pa sr.d hteton¢ limits on the mar• keting af cigarettes to chi/dren, INDL4NAPOLIS - A jury Fri• . took on eatreme importance as the day found c~iBarett~e_ .carnpaniea not. industry wondered whether the . respansible~a amoker's' cancer tide of opinion in America s court• death, a break for a tobaceo indue= .•n . On's has turned against it. r try that lost a similar lawsuit this ~e seem to do e little better itt month and faces new federal regu- ..:courtrooms than~ n netvspapers lations. and:dn tt:~isioti, said Bih Qbie• the tneyer, an-attorney.far-co-defend- liberating 16 hours Ailer d e , state jury rejected aix•figure any Phili ' 6 o Cos., after the claims from the widow of Richard ver i Rogerathatthecompanieswereta Cigarette makers.had long boasted they had naver paid a addi ti bl f hi ki ng c on, ame or s smo t i which began at age'5 and ended with his death in 1987 at 52. . 'Fobacco• Lawyers said Rogers chose to smoke, despite warnings of tbe potential risks. "We were very strong in our feelingthat personal responsibili- ty is very important," said jury foreman David Anderson.'"Chis case is not a case of whether inga- rettes are d angerous." The Rogers verdict, coming on a day when Preside.nt Clinlon im- Zyg60VLLOZ p health•related suits ten brought b,v smokers.' A rlbrida jury earlier this month awarded $750,000 to a man who got lung cancer after 44 years of sinoking. It was only the second time a jury has ruled against the industry. The first verdict was overturned on appeal. hr closing arguments of the In• dianapulis Iawauit, which sought at least #424,000 in datnages, plaintifPs attorney C. Warren Hol- land told jurars Rogers was ad- dict.ed•to.cigaiettes even before the 19g4 Surgeon Ganeral's warn• Yvonne Rogers and her atfor• ing and- th'at tobacco com 'anies neys left the courtroom without were aware all: along t that the'r cOtnmenting. Tha othar'compeniea imetvrd product was 'itnreasonably dmr in the lawsuit were R.J. Reynolds geroua." Tahaaee Co., a unit of RJR Nahis- Hblland also said thecompanies', co Holdings Co:; Aniericar ii Tabac- :hould be held responsible for coCo own B Industries db A T „ . y . . e inaking rSgarettee addictive:'7ydr ,PLG;'andLrOtt"Group 'Inc. ef `' isnotjustahabit" BrookeGroup);LC. But the tobac'co cotopanies aaid >.•fafhe Florida caae that went;in Rogera had continued to smoke favor of Grady Carter on Aug. 0, willingly, end was up to three lawyers were able to introduce In- paeks a day, despite public aware- bacco company documents linking ness of the Surgeon General's re- nicotine and addiction, but these port and cigarette warning labeism records were barred from the Rog- 1Vhen asked shortly before hia ; ers case because it was a retrial death by a tabacco.executive why ' and the judge limited evidence to' he hadn't stopped smoking earli- that introduced the first time.'Phe er, Rogers had responded, "1 real- . earlier trial ended with a mistrial ' ly didn t want to quit;" Philip lvlor• ris lawyer David Hardy told. ju- rore. After the verdict, Hardy ssid. 'We're very ettcouraged.'I'hie tvas a decision reflecting the feelings of all the members of the iurv;' Jersey in 1988, was overturned oii appeal. The suit was Ialer dropped. ~ ' when the jury couldn't decide lf, Rogers smoked voluntarily. Before the Florida case, which is being appealed, the only other damage award returned against. tobacco makers, $400,000 to tlte family of Rose Cipollone of New, ,