Anderson v. American Tobacco Co.(Personal injury NY Sup. Ct. 1997 Industry Verdict) Anderson vs. The American Tobacco Co., et al
This individual personal injury suit was filed by Clyde and Maxine Anderson against Fortune Brands, American Tobacco Co., Lorillard, Philip Morris, R.J. Reynolds, Liggett, Brown & Williamson, the Tobacco Institute and the Center for Tobacco Research on October 30, 1997.
The plaintiff alleged that smoking the defendants' cigarettes resulted in his lung cancer. Mr. Anderson began smoking when he was 18 or 19 years old in 1961. He smoked anywhere from a half a pack to a pack and three-quarters of Parliament, Kents, Menthol Salem cigarettes per day until 1993. He was diagnosed with adenoquamous lung cancer in April 4, 1996. He underwent surgery, and since that time there had been no sign of relapse. He also suffered emphysema.
The defendants argued that Mr. Anderson's illness was mucoepidermal lung cancer, a type not associated with smoking. They also argued that Mr. Anderson's exposure to various chemicals in his occupational experiences made it impossible to tell that cigarettes caused his illness, and that it was common knowledge before the plaintiff began smoking that cigarettes contained health risks and were difficult to quit.
The case was heard in the Supreme Court of the State of New York, County of Kings (Index No. 42821/97). The jury returned a verdict for the defense on June 27, 2000. No appeal has been filed.